New York Supreme Court, 1840

Freeland & Hoffman v. Seely

Freeland & Hoffman v. Seely
New York Supreme Court · Decided June 15, 1840 · Cowen
22 Wend. 629

Counsel

c. Stevens, for the plaintiffs,, M. T. Reynolds, contra,

Freeland & Hoffman v. Seely

Opinion of the Court

By the Court,

Cowen, J.

The order of the judge may be taken as of itself evidence of probable cause. The delay of the defendant is excused, and the only question is, therefore, one of costs. The 81st rule limits the right of appeal to eight days from notice of the decision. That means the signing of the decision by the circuit judge ; not the filing of it. The appeal may stand on payment of costs by the defendant.

Rule accordingly.

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