People ex rel. Musgrove v. New-York Common Pleas

New York Supreme Court

People ex rel. Musgrove v. New-York Common Pleas

9 Wend. 429

CourtNew York Supreme Court

DecidedJune 15, 1832

StatusPublished

Cited by5 cases

This text of 9 Wend. 429 (People ex rel. Musgrove v. New-York Common Pleas) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People ex rel. Musgrove v. New-York Common Pleas, 9 Wend. 429 (N.Y. Super. Ct. 1832).

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Opinion

By the Court,

Sutherland, J.

The motion must be granted. This court will not permit subordinate tribunals to be harassed with special demurrers to returns made by them. If the relator is dissatisfied with a return made, conceiving it to be evasive, or the construction of any matters alleged in it to bo of doubtful character, upon suggestion of its insufficiency, a further or supplementary return will be ordered, and thus the rights of a party as effectually protected as if permitted to demur specially.

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By the Court,

Sutherland, J.

The motion must be granted. This court will not permit subordinate tribunals to be harassed with special demurrers to returns made by them. If the relator is dissatisfied with a return made, conceiving it to be evasive, or the construction of any matters alleged in it to bo of doubtful character, upon suggestion of its insufficiency, a further or supplementary return will be ordered, and thus the rights of a party as effectually protected as if permitted to demur specially.

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Bluebook (online)

9 Wend. 429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-musgrove-v-new-york-common-pleas-nysupct-1832.

Opinion

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