New Jersey v. New York
Supreme Court of the United States
MR FRELINGHUYSEN, with whom was Mr Wirt, stated, that at the last court an order was made, giving the state of New Yo?k leave to appear on the second day of this term and answer the bill of the complainants; and if there should be no appearance, the. court would proceed to hear the cause on the part of the complainants, and to decree on the matter of the bill. 5 Peters, 291. Instead of appearing, the state of New York has demurred; and this mode of proceeding is resisted in…
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MR FRELINGHUYSEN, with whom was Mr Wirt, stated, that at the last court an order was made, giving the state of New Yo?k leave to appear on the second day of this term and answer the bill of the complainants; and if there should be no appearance, the. court would proceed to hear the cause on the part of the complainants, and to decree on the matter of the bill. 5 Peters, 291. Instead of appearing, the state of New York has demurred; and this mode of proceeding is resisted in a written argument, which is now handed to the court. Mr Beardsley stated, that he had filed and served the demurrer for…
1Opinion of the CourtChief Justice Marshall
*327The court have had the return made in this case under consideration. It considers the demurrer filed in this case by the attorney-general of New York, as being an appearance for the state, he being a practitioner in this court; and therefore, that the demurrer is regularly filed. If the attorney general did not so mean it, it is not a paper which can be considered as in the cause, or be placed on the files of the court. We say this now, that the attorney-general may have due notice, if he did not intend to enter any appearance for the slate; it being otherwise a paper hot to be received.
The…
2Cited by4 opinions
- George Krull and Michael Krull v. United StatesCourt of Appeals for the Fifth Circuit · 1957
- Hampton Roads Shipping Ass'n v. International Longshoremen's Ass'n (AFL-CIO)District Court, E.D. Virginia · 1984
- The State of New Jersey v. The People of the State of the YorkSupreme Court of the United States · 1832
- George Krull and Michael Krull v. United StatesCourt of Appeals for the Fifth Circuit · 1957