Wardell & M'Coon v. Mason

New York Supreme Court

Wardell & M'Coon v. Mason

10 Wend. 573

DecidedSeptember 15, 1833

StatusPublished

This text of 10 Wend. 573 (Wardell & M'Coon v. Mason) 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

Wardell & M'Coon v. Mason, 10 Wend. 573 (N.Y. Super. Ct. 1833).

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Opinion

In this and four other cases where a preference was attempted to be gained by the filing of records of judgment, one attorney filing his record at seven o’clock A. M. and the other at thirty minutes past seven, the court, Sutherland, J. presiding, observed that a party cannot gain a preference by filing a record before the how of nine o’clock in the morning, that being [574]*574the earliest hour at which the clerks of our courts are required by statute to open their offices for the transaction of business, 2 R. 8. 285, § 54; and that all records delivered at an earlier hour must be considered as filed at the hour of nine.

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In this and four other cases where a preference was attempted to be gained by the filing of records of judgment, one attorney filing his record at seven o’clock A. M. and the other at thirty minutes past seven, the court, Sutherland, J. presiding, observed that a party cannot gain a preference by filing a record before the how of nine o’clock in the morning, that being [574]*574the earliest hour at which the clerks of our courts are required by statute to open their offices for the transaction of business, 2 R. 8. 285, § 54; and that all records delivered at an earlier hour must be considered as filed at the hour of nine.

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Bluebook (online)

10 Wend. 573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wardell-mcoon-v-mason-nysupct-1833.