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5 How. Pr. 200

Blydenburgh v. Cotheal

New York Court of Appeals

Decided January 15, 1851

New York Court of Appeals · decided 1851-01-15

<p>An appeal brought on the same day that the judgment roll was filed, but pie vious thereto and before the hour for which the costs were adjusted, held good.</p>

Cited by 1 later decisions — most recently June 1894

1 state decisions

Relies on Small v. M'Chesney

Good law ✅— No negative treatment on recordhow we know

Decided 1851-01-15

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Bronson, Ch. J.

¶1As a general rule the court does not inquire into the fractions of a day, except for the purpose of guarding against injustice (Small vs. McChesney, 3 Cow. 19; Clute vs. Clute, 3 Denio, 263). We think that a sufficient answer to this motion. Motion denied.

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