New York Supreme Court, 1846

Regan v. Priest

Regan v. Priest
New York Supreme Court · Decided April 15, 1846 · Beardsley
3 Denio 163

Counsel

T. L. Danagher, for the plaintiff., G. Stevens, for the defendants.,

Regan v. Priest

Opinion of the Court

By the Court, Beardsley, J.

I know of no practice which requires a plaintiff in replevin to make an affidavit of merits, in order to prevent an inquest being taken against him. The de*164fendant in replevin may bring the cause to trial, but he cannot do so out of its regular order on the calendar. This inquest was irregular, and must be set aside with costs.

Motion granted.

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