Southerland v. Sheffield

New York Supreme Court

Southerland v. Sheffield

2 Wend. 293

CourtNew York Supreme Court

DecidedMay 15, 1829

StatusPublished

Cited by3 cases

This text of 2 Wend. 293 (Southerland v. Sheffield) 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

Southerland v. Sheffield, 2 Wend. 293 (N.Y. Super. Ct. 1829).

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Opinion

By the Court, Savage, C. J.

The proceedings must be set aside, with costs to be paid by the plaintiff. The defendant was not bound to pay the costs ordered by the rule of February term until they were taxed ; and the justification at the time and place appointed, although before an officer other than the one named in the notice, was good, especially as there is no allegation of the plaintiff having been misled.

Motion granted.

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By the Court, Savage, C. J.

The proceedings must be set aside, with costs to be paid by the plaintiff. The defendant was not bound to pay the costs ordered by the rule of February term until they were taxed ; and the justification at the time and place appointed, although before an officer other than the one named in the notice, was good, especially as there is no allegation of the plaintiff having been misled.

Motion granted.

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Bluebook (online)

2 Wend. 293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southerland-v-sheffield-nysupct-1829.

Opinion

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