New York Supreme Court, 1825

Wooster v. Perry

New York Supreme Court · Decided August 15, 1825

4 Cow. 546

Counsel

A, Loomis and O. G. Otis, for the defendant, moved t. o have stricken out of the bill., M. Hoffman, contra, said the notice was, in fact, engrossed upon the N.P. record and judgment roll, with the suggestion \that it had been given with the general issue."

Opinion of the Court

Curia.

Prima facie, it is proper to make the notice of 'special matter a part of the record. It is true, that under certain circumstances, this might be altogether useless ; in which case, it should be stricken out on taxation. But nothing of this was shown to the taxing officer or to us ; and the motion must be denied.

Motion denied.(a)

Vid. Van Rensselaer v. Hamilton, ante, 539.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.