Townsend v. Cowen

New York Supreme Court

Townsend v. Cowen

19 Wend. 639

DecidedFebruary 15, 1839

StatusPublished

This text of 19 Wend. 639 (Townsend v. Cowen) 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

Townsend v. Cowen, 19 Wend. 639 (N.Y. Super. Ct. 1839).

Pincite

Opinion

By the Court,

Nelson, Ch. J.

It is well settled that either party may notice for trial an issue on error in fact. 2 Saund. 336, n. 4. Dennis v. Dennis, 2 Archb. Pr. 240. 244. 2 Tidd, 1122. There is nothing in the suggestion that our statute, 2 R. S. 423, § 81, 82, has altered the practice in this respect, for it is but a copy of 14 Geo. 2, ch. 17. But under our practice, 18 Wendell, 519, and n., the defendant is entitled to the costs of the circuit and of this motion.

Ordered accordingly.

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

By the Court,

Nelson, Ch. J.

It is well settled that either party may notice for trial an issue on error in fact. 2 Saund. 336, n. 4. Dennis v. Dennis, 2 Archb. Pr. 240. 244. 2 Tidd, 1122. There is nothing in the suggestion that our statute, 2 R. S. 423, § 81, 82, has altered the practice in this respect, for it is but a copy of 14 Geo. 2, ch. 17. But under our practice, 18 Wendell, 519, and n., the defendant is entitled to the costs of the circuit and of this motion.

Ordered accordingly.

Cite This Page — Counsel Stack

Bluebook (online)

19 Wend. 639, Counsel Stack Legal Research, https://law.counselstack.com/opinion/townsend-v-cowen-nysupct-1839.