Legal Opinion

Bank of Utica v. Kibby

New York Supreme Court

Decided May 15, 1827Published

moved that the inquest taken at the Oneida circuit, in the first week of April last, be set aside, with costs; and also for a commission. • He read an affidavit, that issue was joined, on the of March last, and the cause noticed for trial. That the defendant then obtained an order to stay proceedings on , . _ J A -it the part of the plaintiffs till the present term, with the view of moving for a commission to examine foreign witnesses.

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moved that the inquest taken at the Oneida circuit, in the first week of April last, be set aside, with costs; and also for a commission. • He read an affidavit, that issue was joined, on the of March last, and the cause noticed for trial. That the defendant then obtained an order to stay proceedings on , . _ J A -it the part of the plaintiffs till the present term, with the view of moving for a commission to examine foreign witnesses. That a copy of the proper affidavit, and a copy of the order, with a notice of the motion, was served on the plaintiff’s attorney on the 30 th of March;…

1Opinion of the Court

Curia.

Shoeing an original order. is necessary, only, where it.is intended to bring a..party into, contempt.for disobeying it. Howland v. Ralph, 3 John. 20. In other cases a copy is sufficient. Cheetham v. Lewis, 2 John. 104. The motion: to set aside the inquest must be granted with, costs..

Motion granted;

2Cases cited2 opinions

  1. Howland v. RalphNew York Supreme Court · 1808
  2. Cheetham v. LewisNew York Supreme Court · 1806

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