Van Alstyne v. Wimple

New York Supreme Court

Van Alstyne v. Wimple

4 Cow. 547

CourtNew York Supreme Court

DecidedAugust 15, 1825

StatusPublished

Cited by2 cases

This text of 4 Cow. 547 (Van Alstyne v. Wimple) 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

Van Alstyne v. Wimple, 4 Cow. 547 (N.Y. Super. Ct. 1825).

Pincite

Opinion

Curia.

By the submission of these parties without a rule, the cause is out of Court; and there is no provision that it should be made a rule. Without saying whether the taxation can have any effect, it is clearly not such an official one as will shut out all inquiry at the Circuit, in an action upon the bond or award. The submission deprives us of summary jurisdiction over the costs. The right of taxation, as between attorney and client, stands upon a different ground, viz. the power of the Court over their own officers, The motion must be denied.

Motion denied.

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Curia.

By the submission of these parties without a rule, the cause is out of Court; and there is no provision that it should be made a rule. Without saying whether the taxation can have any effect, it is clearly not such an official one as will shut out all inquiry at the Circuit, in an action upon the bond or award. The submission deprives us of summary jurisdiction over the costs. The right of taxation, as between attorney and client, stands upon a different ground, viz. the power of the Court over their own officers, The motion must be denied.

Motion denied.

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Bluebook (online)

4 Cow. 547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-alstyne-v-wimple-nysupct-1825.

Opinion

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