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Strowell v. Vrooman

1 Cole. & Cai. Cas. 371 Court N.Y. Sup. Ct. English

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p. 371
John Strowell v. John Vrooman.

Headnote

IN this action, which was still pending in the common pleas for Saratoga, a motion had been made in the court below, in arrest of judgment, on which no decision had been pronounced. The counsel, however, on both sides, agreed .to make a case of it, and submit the matter to the determination of this court.

This practice is increasing, and becoming grievous. It is time it should be arrested. We ought not to decide cases, unless there be a 'lis. pendens here. We cannot, otherwise, enforce our decision, and the very point may come up again. We, therefore, must refuse taking up the case.