Bank of Utica v. Kibby
New York Supreme Court
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
- Howland v. RalphNew York Supreme Court · 1808
- Cheetham v. LewisNew York Supreme Court · 1806