Wimple v. M'Dougal

New York Supreme Court

Wimple v. M'Dougal

1 Cole. & Cai. Cas. 55, 1 Cole. Cas. 49

DecidedApril 15, 1798

StatusPublished

This text of 1 Cole. & Cai. Cas. 55 (Wimple v. M'Dougal) 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

Wimple v. M'Dougal, 1 Cole. & Cai. Cas. 55, 1 Cole. Cas. 49 (N.Y. Super. Ct. 1798).

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Opinion

Per Curiam.

In the case of Quackenbos v. Dennis, it was so ordered, and that is to be considered as a precedent to govern. But it is reasonable that the defendant should be permitted to relinquish his defence, if he chuses to do so, as the introduction of a new party may vary his situation. Let him elect, by Friday next, to abide by or relinquish his plea; and if he relinquishes it, the plaintiff must pay all the. costs accrued up to that day.

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Per Curiam.

In the case of Quackenbos v. Dennis, it was so ordered, and that is to be considered as a precedent to govern. But it is reasonable that the defendant should be permitted to relinquish his defence, if he chuses to do so, as the introduction of a new party may vary his situation. Let him elect, by Friday next, to abide by or relinquish his plea; and if he relinquishes it, the plaintiff must pay all the. costs accrued up to that day.

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Bluebook (online)

1 Cole. & Cai. Cas. 55, 1 Cole. Cas. 49, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wimple-v-mdougal-nysupct-1798.