Stafford v. Mayor of Albany
New York Supreme Court
THIS was an action ,of assumpsit. The declaration and. pleas were the same as before stated, in me same , , . — , case, between the same parties, vol. 6. p. 1. lo . , r plea oí non assumpsit xvas subjoined a notice oí special matter to be given in evidence at the trial. The cause was tried at the Albany sittings, on the 16th of October, 1810, before the Chief fustice.
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THIS was an action ,of assumpsit. The declaration and. pleas were the same as before stated, in me same , , . — , case, between the same parties, vol. 6. p. 1. lo . , r plea oí non assumpsit xvas subjoined a notice oí special matter to be given in evidence at the trial. The cause was tried at the Albany sittings, on the 16th of October, 1810, before the Chief fustice. The plain-7 J 00 1 tiff gave in evidence the 13 th and 22d sections of the act, to reduce several laws, particularly relating to the city of Albany, into one act, &c. passed the 4th of April, 1801. (24th sess. c. 153.) lie also…
1Opinion of the CourtSpencer, J.
An opinion has been already expressed by the court, on some of the points made on the argument. (6 Johns. Rep. 1.) In considering the bill of exceptions, we are confined to the inquiry, whether the evidence rejected ought to have been admitted. The 5th section of the act of *545the .32d sess. c. 186. provides, that when a bill of ex- . ceptions is taken on a trial, it shall be returned into this court, where judgment is to be given according to the same exceptions, as they ought to be allowed or disal- . lowed, with power to award a new trial, in our discretion. The evil intended to be remedied…
2Cited by10 opinions
- Striker v. KellyNew York Supreme Court · 1845
- City of Elkhart v. SimontonIndiana Supreme Court · 1880
- Woodruff v. FisherNew York Supreme Court · 1853
- City of Lafayette v. ShultzIndiana Supreme Court · 1873
- In re the Mayor of New-YorkNew York Supreme Court · 1827
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