Williams v. Cox

New York Supreme Court

Williams v. Cox

6 Wend. 519

CourtNew York Supreme Court

DecidedFebruary 3, 1831

StatusPublished

Cited by2 cases

This text of 6 Wend. 519 (Williams v. Cox) 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

Williams v. Cox, 6 Wend. 519 (N.Y. Super. Ct. 1831).

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Opinion

[520]*520 By the Court,

Savage, Ch. J.

Had a judgment been entered against Williams, I am not prepared to say but the effect of the proceeding would have been such as is contended for by the counsel of Cox; but.judgment has not been entered, the party has proceeded no further than the entry of a default, and the court therefore, in the exercise of their discretion, may grant relief. The proceeding is novel, and the party under the advice of counsel was misled. We therefore grant the motion on payment of costs.

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[520]*520 By the Court,

Savage, Ch. J.

Had a judgment been entered against Williams, I am not prepared to say but the effect of the proceeding would have been such as is contended for by the counsel of Cox; but.judgment has not been entered, the party has proceeded no further than the entry of a default, and the court therefore, in the exercise of their discretion, may grant relief. The proceeding is novel, and the party under the advice of counsel was misled. We therefore grant the motion on payment of costs.

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Bluebook (online)

6 Wend. 519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-cox-nysupct-1831.

Opinion

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