Legal Opinion

Ex parte Thomas

New York Supreme Court

Decided February 15, 1828PublishedCited by 1 opinion

TaomAS having sued and obtained judgment against Grovesteen before -a justice of Montgomery county, the lat-. ter appealed .to the O. P. of that county.

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TaomAS having sued and obtained judgment against Grovesteen before -a justice of Montgomery county, the lat-. ter appealed .to the O. P. of that county. Thomas - resided , ni , , 1 T. " ’ in another county; and the.general rules of the U..P. provided that if the plaintiff, at the commeneemento f the suit, resided out of the county,, or afterwards removed out, the defendant might, at any time before the jurors were seated in the box, obtain an order to stay;proceedings *till seenrity for the. defendant’s costs should be given, (declaring what security;) and that if. such.security should not be…

1Opinion of the Court

The Gouri,

(after having the. papers for several days under advisement,) said an appellee, though plaintiff before the justice, was not, within the general rules of .the 0. P., and they ordered a.Peremptory mandamus.

2Cited by1 opinion

  1. McMurray v. LiddellAppellate Division of the Supreme Court of the State of New York · 1929

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