Underwood v. Irving

New York Supreme Court

Underwood v. Irving

3 Cow. 59

CourtNew York Supreme Court

DecidedAugust 15, 1824

StatusPublished

Cited by3 cases

This text of 3 Cow. 59 (Underwood v. Irving) 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

Underwood v. Irving, 3 Cow. 59 (N.Y. Super. Ct. 1824).

Pincite

Opinion

Curia.

We do not view the matter in this light. The first order made pursuant to the statute had been disregarded: The 10 weeks advertisement was necessary to give the commissioner jurisdiction. Till this was done, he had no authority. and the second order was a nullity. The assignment must probably share the same fate, though it is not necessary to pass upon the effect of this ; and we must not be understood as doing so. We are not to be guided by a consideration of the embarrassment which may arise from that act.

Motion denied.

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

Curia.

We do not view the matter in this light. The first order made pursuant to the statute had been disregarded: The 10 weeks advertisement was necessary to give the commissioner jurisdiction. Till this was done, he had no authority. and the second order was a nullity. The assignment must probably share the same fate, though it is not necessary to pass upon the effect of this ; and we must not be understood as doing so. We are not to be guided by a consideration of the embarrassment which may arise from that act.

Motion denied.

Cite This Page — Counsel Stack

Bluebook (online)

3 Cow. 59, Counsel Stack Legal Research, https://law.counselstack.com/opinion/underwood-v-irving-nysupct-1824.

Opinion

Related

Cite This Page — Counsel Stack