Shawe v. Colfax

New York Supreme Court

Shawe v. Colfax

3 Cai. Cas. 98, 1 Cole. & Cai. Cas. 450

DecidedMay 15, 1805

StatusPublished

This text of 3 Cai. Cas. 98 (Shawe v. Colfax) 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

Shawe v. Colfax, 3 Cai. Cas. 98, 1 Cole. & Cai. Cas. 450 (N.Y. Super. Ct. 1805).

Pincite

Opinion

Per curiam.

The plaintiffs should have applied for further time to declare, and shewn either that they were endeavouring to bring all the defendants into court, or pursuing one to outlawry. That would have been a good ground to enlarge the rule from time to time. Not having done so, and being authorised by our act to proceed against the defendants brought in, the plaintiffs were liable to be nonprossed equally as if all the defendants hud been before us.

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Per curiam.

The plaintiffs should have applied for further time to declare, and shewn either that they were endeavouring to bring all the defendants into court, or pursuing one to outlawry. That would have been a good ground to enlarge the rule from time to time. Not having done so, and being authorised by our act to proceed against the defendants brought in, the plaintiffs were liable to be nonprossed equally as if all the defendants hud been before us.

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Bluebook (online)

3 Cai. Cas. 98, 1 Cole. & Cai. Cas. 450, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shawe-v-colfax-nysupct-1805.