Van Ness

New York Supreme Court

Van Ness

1 How. Pr. 119

DecidedMarch 15, 1845

StatusPublished

This text of 1 How. Pr. 119 (Van Ness) 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 Ness, 1 How. Pr. 119 (N.Y. Super. Ct. 1845).

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Opinion

Beardsley,, Justice.

The grounds on which the motion was made are fully met by the opposing affidavits, and disproved or explained so as to show that they are without any substantial foundation. The arrangement with Nichols was not performed on his part, and, therefore, has not canceled the judgment. As far as I see the judgment is in force for the amount directed to be made by the execution, and the motion must be denied with costs.

Rule accordingly.

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Beardsley,, Justice.

The grounds on which the motion was made are fully met by the opposing affidavits, and disproved or explained so as to show that they are without any substantial foundation. The arrangement with Nichols was not performed on his part, and, therefore, has not canceled the judgment. As far as I see the judgment is in force for the amount directed to be made by the execution, and the motion must be denied with costs.

Rule accordingly.

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Bluebook (online)

1 How. Pr. 119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-ness-nysupct-1845.