New York Supreme Court, 1848

Anonymous

Anonymous
New York Supreme Court · Decided September 30, 1848 · Edmonds
2 Edm. Sel. Cas. 18

Counsel

Mr. Gould, for defendant,, Edmonds, J.:, Gould,: , Edmonds, J.:, Gould:

Anonymous

Opinion of the Court

Edmonds, J.:

The Code abolishes the distinction only as to form; only as to the mere practice. The great principles of law and equity, as they existed in our jurisprudence at the adoption of our Constitution, are untouched. Besides, the *19power of altering the common law, in any respect, is expressly conferred upon the legislature by the Constitution.

As at present advised I must overrule the demurrer as frivolous.

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