New York Supreme Court, 1805

Quick v. Merrill

Quick v. Merrill
New York Supreme Court · Decided August 15, 1805
3 Cai. Cas. 133; 1 Cole. & Cai. Cas. 476
Quick v. Merrill

Opinion of the Court

Per curiam.

Notice of bail, necessarily imports a notice of retainer as attorney. As to the title of the notice, the ruling principle is, that if the party served be not misled, or the papers be not such as evidently may mislead, a mere clerical misprision shall not prejudice. It does not appear, that there was any other cause depending against Merrill. In liberal practice, the notice ought to have been received, and the objections must therefore be overruled.

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