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7 Wend. 536

Stow v. Betts

New York Supreme Court

Decided June 7, 1832

New York Supreme Court · decided 1832-06-07

Motion to withdraw books, deposited under a rule of court in the clerk’s office of the county where the venue was laid. The plaintiff opposed the motion, urging that the books should remain so that they might be used at the trial.

Decided 1832-06-07

¶1By the Court,

Nelson, J.

¶2The defendant is entitled to his books; they have remained a sufficient time to have enabled the plaintiff to have taken transcripts, if he had so chosen to do, which would have been of the same use to him, at the trial as the originals. To prevent the necessity of similar motions, the court will hereafter designate in rules of this kind, the length of time the books shall remain in deposit.

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