New York Supreme Court, 1799

Fleming v. Tyler

Fleming v. Tyler
New York Supreme Court · Decided April 15, 1799
1 Johns. Cas. 102
Fleming v. Tyler

Opinion of the Court

The plaintiff was nonsuited on the trial of the cause, and on showing cause why he should not pay costs, it appeared that the date of the writing on which the suit was brought, was, through mistake, wrongly copied in the declaration, and the nonsuit was granted on account of the variance; and The Court refused to make the rule absolute.(c)

Graham’s Prac. 2d edit. 737, ei seq.

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