Opinion · New York Supreme Court
Underwood v. Irving
Underwood v. Irving, 3 Cow. 59 (N.Y. Sup. Ct. 1824)
- Type
- Opinion
- Court
- New York Supreme Court
- Jurisdiction
- New York
- Date
- 1824-08-15
- Topic
- general
Curia. We do not view the matter in this light. The first order made pursuant to the statute had been disregarded: The 10 weeks advertisement was necessary to give the commissioner jurisdiction. Till this was done, he had no authority. and the second order was a nullity. The assignment must probably share the same fate, though it is not necessary to pass upon the effect of this ; and we must not be understood as doing so.
Citator
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- Cited by
- 3 opinions
We do not view the matter in this light. The first order made pursuant to the statute had been disregarded: The 10 weeks advertisement was necessary to give the commissioner jurisdiction. Till this was done, he had no authority. and the second order was a nullity. The assignment must probably share the same fate, though it is not necessary to pass upon the effect of this ; and we must not be understood as doing so. We are not to be guided by a consideration of the embarrassment which may arise from that act.
Motion denied.