Smith v. Martin

New York Supreme Court

Smith v. Martin

18 Wend. 310

DecidedAugust 15, 1836

StatusPublished

This text of 18 Wend. 310 (Smith v. Martin) 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

Smith v. Martin, 18 Wend. 310 (N.Y. Super. Ct. 1836).

Pincite

Opinion

By the Court,

Nelson, J.

[591] Where proceedings are stayed upon an execution until the decision of a non-enumerated motion, and the motion is denied, and the advertisement has been continued in the mean time, the party against whom the process issued is liable to pay the expense of the advertisement; but he is not so liable where the proceedings are stayed for the purpose of enabling the party to move for a new trial on a case made. Let there be a relaxation of the costs.

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By the Court,

Nelson, J.

[591] Where proceedings are stayed upon an execution until the decision of a non-enumerated motion, and the motion is denied, and the advertisement has been continued in the mean time, the party against whom the process issued is liable to pay the expense of the advertisement; but he is not so liable where the proceedings are stayed for the purpose of enabling the party to move for a new trial on a case made. Let there be a relaxation of the costs.

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Bluebook (online)

18 Wend. 310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-martin-nysupct-1836.