Van Patten v. Ouderkirk

New York Supreme Court

Van Patten v. Ouderkirk

1 Cole. & Cai. Cas. 119, 1 Cole. Cas. 118, 2 Johns. Cas. 108

CourtNew York Supreme Court

DecidedOctober 15, 1800

StatusPublished

Cited by1 cases

This text of 1 Cole. & Cai. Cas. 119 (Van Patten v. Ouderkirk) 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. Ouderkirk, 1 Cole. & Cai. Cas. 119, 1 Cole. Cas. 118, 2 Johns. Cas. 108 (N.Y. Super. Ct. 1800).

Pincite

Opinion

Per Curiam.

This writ is the right of the party who takes it out, and the justice is bound to obey it. [120]*120at his peril. He is not, however, bound to return anything but what we can legally require of him, notwithstanding the command expressed in the writ. In this case he ought to return all but the testimony, and to take no notice of that part of the precept which enjoins him to return that.

Motion denied.

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Per Curiam.

This writ is the right of the party who takes it out, and the justice is bound to obey it. [120]*120at his peril. He is not, however, bound to return anything but what we can legally require of him, notwithstanding the command expressed in the writ. In this case he ought to return all but the testimony, and to take no notice of that part of the precept which enjoins him to return that.

Motion denied.

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Bluebook (online)

1 Cole. & Cai. Cas. 119, 1 Cole. Cas. 118, 2 Johns. Cas. 108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-patten-v-ouderkirk-nysupct-1800.

Opinion

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