Weeks v. Wanmaker

New York Supreme Court

Weeks v. Wanmaker

2 How. Pr. 14

DecidedDecember 15, 1845

StatusPublished

This text of 2 How. Pr. 14 (Weeks v. Wanmaker) 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

Weeks v. Wanmaker, 2 How. Pr. 14 (N.Y. Super. Ct. 1845).

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Opinion

Jewett, Justice.

The motion to set aside the judgment on the ground of irregularity is granted. The irregularity consists in entering judgment for costs against an administrator, without having applied to this court "'and obtained an order for costs. The question of costs in the [16]*16cause is not considered on this motion, it is not within the case in 6 Hill, 386. The defendant does not consent that that question should be considered.

Decision.—Judgment set aside with $10 costs, and further that defendant have fifteen days to prepare to move to set aside the report of referees, and that all proceedings be stayed until the case is settled.

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Jewett, Justice.

The motion to set aside the judgment on the ground of irregularity is granted. The irregularity consists in entering judgment for costs against an administrator, without having applied to this court "'and obtained an order for costs. The question of costs in the [16]*16cause is not considered on this motion, it is not within the case in 6 Hill, 386. The defendant does not consent that that question should be considered.

Decision.—Judgment set aside with $10 costs, and further that defendant have fifteen days to prepare to move to set aside the report of referees, and that all proceedings be stayed until the case is settled.

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Bluebook (online)

2 How. Pr. 14, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weeks-v-wanmaker-nysupct-1845.