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3 Cow. 19

Small v. M'Chesney

New York Supreme Court

Decided August 15, 1824

New York Supreme Court · decided 1824-08-15

<p>The'law win fractionTof1^, fay> as between the psr«« ties, in order to ^eth^r8 the judgment recbefor^execut tI^su®d’uu' actual1 injustice'</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1824-08-15

How this case has been cited

Cited by 8 later decisions — most recently October 1896

1 federal appellate · 7 state decisions

5018241830184018501860187018801890decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Curia.

¶1The party who moves has sustained no injuryby this proceeding. He does not shew that the money would *20have been paid, and farther costs prevented, had execution keen delayed till after the filing of the record. The whole proceeding is on the same day, which the law will not divide fractions, unless this be necessary for the purpose of guarding against injustice. Here has been none. The objection is merely technical, and the technical answer is enough where there has been no injury from the proceeding;

¶2Motion denied,!

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