Roosevelt v. Dean

New York Supreme Court

Roosevelt v. Dean

3 Cai. Cas. 105, 1 Cole. & Cai. Cas. 460

DecidedMay 15, 1805

StatusPublished

This text of 3 Cai. Cas. 105 (Roosevelt v. Dean) 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

Roosevelt v. Dean, 3 Cai. Cas. 105, 1 Cole. & Cai. Cas. 460 (N.Y. Super. Ct. 1805).

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Opinion

Per curiam.

All objections of this sort ought to be submitted as preliminary questions. We are not to sit here, have the grounds of motion laboriously investigated on a long discussion, and then have a matter of mere form pressed upon us. The entering into the argument is a waiver of all objections against its coming on.

*** The court in this cause said, that when an affidavit does not state that which ought to be alleged in support of the motion, the presumption is, it could not be asserted, and the inference of the bench will be against the party guilty of the omission.

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Per curiam.

All objections of this sort ought to be submitted as preliminary questions. We are not to sit here, have the grounds of motion laboriously investigated on a long discussion, and then have a matter of mere form pressed upon us. The entering into the argument is a waiver of all objections against its coming on.

*** The court in this cause said, that when an affidavit does not state that which ought to be alleged in support of the motion, the presumption is, it could not be asserted, and the inference of the bench will be against the party guilty of the omission.

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Bluebook (online)

3 Cai. Cas. 105, 1 Cole. & Cai. Cas. 460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roosevelt-v-dean-nysupct-1805.