Thallhimer v. Brinckerhoff
New York Supreme Court
Error from the Súpleme Court, upon a bill of exceptions. Judgment was rendered for the defendant below, who was also the defendant in this Court, upon facts which are, to every material purpose, detailed in the report of the Same causé", as it came before the Supreme Court, (20 John. Rep. 386) in January term, 1823.
1Opinion of the Court
The Chancellor.
Champerty, maintenance, and barratry were defined as offences, in very early stages of the English law. These practices seem to have been then common in England ; and they were denounced not only as sins very heinous in themselves, and highly injurious to the peace of society, but also as offences which actually interrupted the course of public justice. The excitement of suits is an evil, when suits are unjust; but when right is withheld, and the object of a suit is just, to promote the suit, is to promote justice. That a resort to the public tribunals for justice, should…
2Cited by29 opinions
- National Park Bank v. BillingsAppellate Division of the Supreme Court of the State of New York · 1911
- Bernstein v. HumesSupreme Court of Alabama · 1877
- Barker v. BarkerWisconsin Supreme Court · 1860
- Board of Commissioners v. JamesonIndiana Supreme Court · 1882
- Croco v. Oregon Short Line RailroadUtah Supreme Court · 1898
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