Seaman v. Haskins

New York Supreme Court

Decided April 15, 1801

New York Supreme Court · decided 1801-04-15

<p>After rule for judgment on a demurrer, it is too late to apply, at the next term, for leave to withdraw it. \ v</p>

Cited by 2 later decisions — most recently June 1880

2 state decisions

Relies on Boltons v. Lawrence

Good law ✅— No negative treatment on recordhow we know

Decided 1801-04-15

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Per Curiam.

¶1After the court have given judgment, and ordered it to be entered, and a term has elapsed, the party comes too late to ask for leave to withdraw his demurrer. He should have applied at the last term, before the rule for judgment was entered.

¶2Motion denied.(a)

¶3(a) See Andrews v. Beecher, supra, vol. 1, p. 411. Hildreth v. Harvey, infra, vol. 3, p. 301. Furman v. Haskins, 2 Caines, 369. Currie v. Henry, 3 Johns. R. 140. Miller v. Heath, 7 Cowen, 101. Boltons v. Lawrence, 7 Wend. 461. Patrick v. Conrad, 3 A. K. Marsh, 612. Surlott v. Pratt, id. 174. Ralston v. Bullits, 3 Bibb, 261. Violett v. Dale, 1 id. 141. Hancock v. Vawter, Hardin, 310.