Smith v. Shaw

New York Supreme Court

Smith v. Shaw

1 Cow. 429

DecidedOctober 15, 1823

StatusPublished

This text of 1 Cow. 429 (Smith v. Shaw) 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. Shaw, 1 Cow. 429 (N.Y. Super. Ct. 1823).

Pincite

Opinion

Curia.

No subpoenas issued and no witnesses to subpoena, do not necessarily imply that no costs had accrued. There might have been the costs of a brief for the trial and of preparing papers for this very motion, which should have been tendered.

Sutherland, J. dissented. He thought, that under the circumstances, the party applying should have shewn affirmatively, that costs had, in fact, accrued.

Motion granted.

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

Curia.

No subpoenas issued and no witnesses to subpoena, do not necessarily imply that no costs had accrued. There might have been the costs of a brief for the trial and of preparing papers for this very motion, which should have been tendered.

Sutherland, J. dissented. He thought, that under the circumstances, the party applying should have shewn affirmatively, that costs had, in fact, accrued.

Motion granted.

Cite This Page — Counsel Stack

Bluebook (online)

1 Cow. 429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-shaw-nysupct-1823.