Van Patten v. Badger

New York Supreme Court

Van Patten v. Badger

1 Wend. 69

DecidedAugust 15, 1828

StatusPublished

This text of 1 Wend. 69 (Van Patten v. Badger) 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 Patten v. Badger, 1 Wend. 69 (N.Y. Super. Ct. 1828).

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Opinion

The same question substantially arose in this case, as in the last. The defendants plead the general issue, and riens per descent. The last plea was admitted, and judgment prayed for assets in futuro, and a verdict taken on the first issue, Judgment was entered against the defendants for costs de honispropriis. The court said this case was not distinguishable in principle from the last; that the same rule, in relation to costs, applied to heirs as to executors or administrators; and ordered the judgment to be modified accordingly.

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The same question substantially arose in this case, as in the last. The defendants plead the general issue, and riens per descent. The last plea was admitted, and judgment prayed for assets in futuro, and a verdict taken on the first issue, Judgment was entered against the defendants for costs de honispropriis. The court said this case was not distinguishable in principle from the last; that the same rule, in relation to costs, applied to heirs as to executors or administrators; and ordered the judgment to be modified accordingly.

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Bluebook (online)

1 Wend. 69, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-patten-v-badger-nysupct-1828.