New York Supreme Court, 1799

Billings v. Skutt

New York Supreme Court · Decided April 15, 1799

1 Johns. Cas. 105

Opinion of the Court

Per Curiam.

It appearing that the defendant obtained such discharge, the plaintiff, if he meant to contest its validity, ought to have brought a suit in the ordinary [*106] course, *on.the bond. The judgment is a surprise on the defendant, and must, .therefore, be set aside.(a)

Rule granted. '

See Baker v. The Judges of the Ulster Common Pleas, 4 Johns. R. 191. Palmer v. Hutchins, 1 Cowen, 42. Mabbott v. Van Beuren, id. 44, n. (b).

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