Peck v. Corning
New York Supreme Court
Motion by plaintiff, at last December special term, for an order of this court directing the writ of inquiry in this cause to be executed at the circuit. The facts in this case, as appeared, were, that- the plaintiff resided in Burlington, in the state of Vermont, and was one of the most respectable citizens of that state. The defendant, a resident of the city of Troy, bT.
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Motion by plaintiff, at last December special term, for an order of this court directing the writ of inquiry in this cause to be executed at the circuit. The facts in this case, as appeared, were, that- the plaintiff resided in Burlington, in the state of Vermont, and was one of the most respectable citizens of that state. The defendant, a resident of the city of Troy, bT. Y., a son of the mayor of that city, and a merchant, doing "extensive business in the city of Troy ; defendant was related to some of the most respectable and influential families of that place. This was instituted to…
1Opinion of the Court
Jewett, Justice.
It was not denied but that the court may, in a proper case, direct that a writ of inquiry be executed at the circuit. The grounds which have induced courts to grant such indulgence are, where some difficult questions of law are likely to arise in the inquiry, or when the facts are important (Graham's Pr. 795; 2 John. Rep. 107; 13 Wend. 658; 1 Halsted's Rep. 330). It is not pretended in this case that any such question of law is likely to arise; but it is claimed that the application is brought within the other branch of the rule: that the facts in the case are important. It is…
2Cases cited2 opinions
- Ellsworth v. ThompsonNew York Supreme Court · 1835
- Tillotson v. CheethamNew York Supreme Court · 1806