Ex parte Koon
Court for the Trial of Impeachments and Correction of Errors
Motion for a mandamus to compel the judges of the court of common pleas of the county of Rensselaer to vacate a rule. A suit was pending in the C. P. in favor of Koon against Hutchinson, upon appeal by the defendant from a judgment recovered by the plaintiff before a justice of the peace. The cause was heard before referees, who reported for the plaintiff, but for a sum less by more than ten dollars than the amount recovered before the justice.
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Motion for a mandamus to compel the judges of the court of common pleas of the county of Rensselaer to vacate a rule. A suit was pending in the C. P. in favor of Koon against Hutchinson, upon appeal by the defendant from a judgment recovered by the plaintiff before a justice of the peace. The cause was heard before referees, who reported for the plaintiff, but for a sum less by more than ten dollars than the amount recovered before the justice. The referees offered the report to the plaintiff’s attorney, who declined to receive it, and about thirteen months afterwards the plaintiff died. The…
1Opinion of the Court
By the Court, Beardsley,.!.
The plaintiff in the court of common pleas lived" more than a year after the report of the referees was signed and ready for delivery, but during that time no step was taken by the defendant: nor did he move at all in the case until almost two years had elapsed from the time of the death of the plaintiff. After such great delay, for which no excuse appears, this court would have denied the application made in the court of common pleas, as altogether out of time, and that without looking at the question of power to aid the party applying, or entering at all into the…
2Cases cited1 opinion
- People ex rel. Doughty v. Judges of Dutchess C. P.New York Supreme Court · 1839
3Cited by11 opinions
- Strong v. GrantCalifornia Supreme Court · 1893
- State ex rel. Springfield Traction Co. v. BroaddusSupreme Court of Missouri · 1907
- Board of Commissioners of Shoshone County v. MayhewIdaho Supreme Court · 1897
- Fish v. WeatherwaxNew York Supreme Court · 1801
- Ex parte BottomsSupreme Court of Alabama · 1871
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