People v. Judges of Oneida Common Pleas
This text of 1 Wend. 28 (People v. Judges of Oneida 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.
Opinion
By the Court,
Upon strict rules of grammatical construction, the bond is defective; but by transposing one line in the condition, so as to read the words italicised after the word appellant, the bond becomes perfect. In the construction of a written instrument, the whole is to be taken together, and effect given to the intent of the parties, if that can be discovered from the general scope and tenor of [29]*29the instrument. Enough is contained in the .condition of this bond, literally to comply with the requirements of the statute, if the sentences had been properly distributed. The court,, therefore, are disposed to consider the bond as good, and direct an alternative mandamus to issue.
Motion granted.
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1 Wend. 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-judges-of-oneida-common-pleas-nysupct-1828.