Murray v. Blatchford
Court for the Trial of Impeachments and Correction of Errors
Petition to modify a decree of this court. A petition was prepared, praying that the decree made in this cause, (1 Wendell, 625,) be corrected by striking* out so much thereof as gives to the appellant the costs of the appeal and the costs of the defence in the court of chancery, a copy of which, with a notice that the petition would be presented to this court on the nineteenth day of January last, was duly served on the solicitor of the appellant.
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Petition to modify a decree of this court. A petition was prepared, praying that the decree made in this cause, (1 Wendell, 625,) be corrected by striking* out so much thereof as gives to the appellant the costs of the appeal and the costs of the defence in the court of chancery, a copy of which, with a notice that the petition would be presented to this court on the nineteenth day of January last, was duly served on the solicitor of the appellant. The court having adjourned from the twelfth to the twenty-sixth day of January, the petition of course could not be presented pursuant to the…
1Opinion of the Court
The Chancellor was of opinion that the party was entitled to he heard, notwithstanding that the day had elapsed for which the notice had been given. That this court being usually kept open during the session of the legislature, except by short adjournments from time to time, a party may notice for any day during the session of the legislature, and is entitled to be heard on the first day the court is in session.
Mr. Justice Sutherland.
For purposes of notices of special applications, this court must be considered in session during the sitting of the legislature, and parties may give their…
2Cited by5 opinions
- Hinchman v. MorrisWest Virginia Supreme Court · 1887
- Selden v. VermilyaThe Superior Court of New York City · 1850
- Picabia v. EverardNew York Supreme Court · 1849
- Cushman v. HadfieldNew York Court of Appeals · 1873
- Legg v. OverbaghCourt for the Trial of Impeachments and Correction of Errors · 1830