Shepard v. Hoit

New York Supreme Court

Shepard v. Hoit

6 Hill & Den. 395

DecidedApril 15, 1844

StatusPublished

This text of 6 Hill & Den. 395 (Shepard v. Hoit) 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

Shepard v. Hoit, 6 Hill & Den. 395 (N.Y. Super. Ct. 1844).

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Opinion

By the Court, Beardsley, J.

The defendant’s object cannot be effected by a suggestion on the record and a second judgment for these costs; (Dows v. Boughton, 3 Hill, 452;) and to amend the record now on file, by striking out the amount of the costs inserted in it and substituting the true sum, might lead to confusion. I see no objection, however, to talcing that record from the files and cancelling the docket; and then the defendant may file a new record for the full amount of his costs, to be settled by the taxation of a new bill.

Ordered accordingly.

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By the Court, Beardsley, J.

The defendant’s object cannot be effected by a suggestion on the record and a second judgment for these costs; (Dows v. Boughton, 3 Hill, 452;) and to amend the record now on file, by striking out the amount of the costs inserted in it and substituting the true sum, might lead to confusion. I see no objection, however, to talcing that record from the files and cancelling the docket; and then the defendant may file a new record for the full amount of his costs, to be settled by the taxation of a new bill.

Ordered accordingly.

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Bluebook (online)

6 Hill & Den. 395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shepard-v-hoit-nysupct-1844.