People v. Judges of Ontario Common Pleas

New York Supreme Court

People v. Judges of Ontario Common Pleas

1 Wend. 80

CourtNew York Supreme Court

DecidedAugust 15, 1828

StatusPublished

Cited by2 cases

This text of 1 Wend. 80 (People v. Judges of Ontario 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 v. Judges of Ontario Common Pleas, 1 Wend. 80 (N.Y. Super. Ct. 1828).

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Opinion

By the Court,

Savage, Ch. J.

Ordinarily, no doubt, the court- of common pleas are bound to try an appeal cause upon the pleadings and issue joined before the justice; but when new matter exists, which furnishes a defence to the action, arisen since the rendering of the judgment before the justice, and which, unless plead, would be unavailable, the party must be allowed to plead it. Let an alternative mandamus issue.

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By the Court,

Savage, Ch. J.

Ordinarily, no doubt, the court- of common pleas are bound to try an appeal cause upon the pleadings and issue joined before the justice; but when new matter exists, which furnishes a defence to the action, arisen since the rendering of the judgment before the justice, and which, unless plead, would be unavailable, the party must be allowed to plead it. Let an alternative mandamus issue.

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Bluebook (online)

1 Wend. 80, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-judges-of-ontario-common-pleas-nysupct-1828.

Opinion

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