New York Supreme Court, 1824

Ex parte Clarke

Ex parte Clarke
New York Supreme Court · Decided October 15, 1824
3 Cow. 379

Counsel

V. Birdseye

Ex parte Clarke

Opinion of the Court

Curia.

The Common Pleas have nothing to do with the question whether the notice was good or bad; If it con*380tained such information as satisfied the Justice, and instructed him as to the place of return, it does not lie with the party to object that it is defective. Here was nothing to mislead or injure him. The bond was in the proper form ; and the intention of the appellant could not be mistaken.

Rule for an alternative mandamus.

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