Ross v. Hubble

New York Supreme Court

Ross v. Hubble

1 Cai. Cas. 512, 1 Cole. & Cai. Cas. 323

DecidedFebruary 15, 1804

StatusPublished

This text of 1 Cai. Cas. 512 (Ross v. Hubble) 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

Ross v. Hubble, 1 Cai. Cas. 512, 1 Cole. & Cai. Cas. 323 (N.Y. Super. Ct. 1804).

Pincite

Opinion

Per Curiam.

It is said that no appearance of the defendants, by special or common bail, or an entry of an appear[647]*647anee was of record, when the default and judgment were returned. As the process in the cause did not require bail, the defendants endorsed their appearance on the copias. It was the business of the clerk, and not of the attorney, to have ^"entered their appearance. This [*513] may be done nunc pro tune. The loches of the clerk ought never to prejudice the attorney.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

It is said that no appearance of the defendants, by special or common bail, or an entry of an appear[647]*647anee was of record, when the default and judgment were returned. As the process in the cause did not require bail, the defendants endorsed their appearance on the copias. It was the business of the clerk, and not of the attorney, to have ^"entered their appearance. This [*513] may be done nunc pro tune. The loches of the clerk ought never to prejudice the attorney.

Cite This Page — Counsel Stack

Bluebook (online)

1 Cai. Cas. 512, 1 Cole. & Cai. Cas. 323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ross-v-hubble-nysupct-1804.