Ex parte Shethar

Decided August 15, 1825

New York Supreme Court · decided 1825-08-15

P. commanding them to vacate a rule dismissing an appeal to them from a Justice’s Court, brought by Shethar against Crook. The cause proceeded to trial, and after the appeliant ghethar, who was plaintiff before the justice, had gone through with his evidence to the jury, the appellee objected that the appeal bond purported to have been executed by ghethar, by his attorney. The justice had endorsed his approval of the security.

Cited by 2 later decisions — most recently May 1898

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1825-08-15

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Curia.

¶1We think the Court below were right in refusing to proceed. They may inquire into their authority or jurisdiction at any stage of the proceedings. The statute, (sess. 47, ch. 238, s. 36,) under which this appeal was brought, is peremptory that the appeal shall not be received or be of any force or effect unless a bond is given, and the other accompanying requisites complied with. A bond, good in form merely, without any power to execute it, is void, and as nothing; the Court would be without jurisdiction, and a trial would be a nugatory thing, coram non judice. The case is within tlm principle of Ex parte Chryslin, decided last February term; (4 Cowen’s Rep. 80;) and the motion must be denied.

¶2Motion denied,