Adams v. Gilbert

Decided April 15, 1833

New York Supreme Court · decided 1833-04-15

A motion was made in this case to set aside the proceedings, on the ground that the suit was commenced by declaration, and that it had not been served on all the defendants. In opposition to the motion, it appeared that an attorney had appeared and pleaded for all the defendants, and that the cause was duly at issue.

Good law ✅— No negative treatment on recordhow we know

Decided 1833-04-15

How this case has been cited

Cited by 3 later decisions — most recently October 1892

3 state decisions

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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¶1By the Court,

Savage, Ch. J.

¶2When a cause is duly at issue, we will not inquire into the previous proceedings. It is competent for parties voluntarily to come into court and join issue, and having done so, it is immaterial whether the commencement of the suit was regular or not. Here an attorney of this court has appeared for all the defendants, who are bound by his act, unless they shew that he is irresponsible and cannot respond to them in damages, which in this case is not pretended. The motion is denied.