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Roy v. Thompson

1 Duer 636
CourtThe Superior Court of New York City
DecidedNovember 15, 1852
StatusPublished
Cited by2 cases

This text of 1 Duer 636 (Roy v. Thompson) is published on Counsel Stack Legal Research, covering The Superior Court of New York City primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roy v. Thompson, 1 Duer 636 (N.Y. Super. Ct. 1852).

Opinion

But it"is only a judgment of dismissal that can be founded upon such a motion. When a defendant claims affirmative relief, legal or equitable, the duty of an actor in bringing the cause to trial devolves upon him. He can only obtain the relief, when the cause is brought to a trial, upon his own notice, or that of the plaintiff. (Vide No. 21, of the rules of the Supreme Court, as last amended.)

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Related

Carter v. Clark
2 Sweeny 189 (The Superior Court of New York City, 1869)
Bowles v. Van Horne
11 Abb. Pr. 84 (The Superior Court of New York City, 1860)

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Bluebook (online)
1 Duer 636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roy-v-thompson-nysuperctnyc-1852.