New York Supreme Court, 1846

Rowell v. Crofoot

Rowell v. Crofoot
New York Supreme Court · Decided September 15, 1846 · Bronson, Held
3 How. Pr. 15

Counsel

P. Cagger, Defts Counsel. E. & W. Collins, Defts Attys., D. Wright, Plffs Counsel. A. E. Chandler, Plffs Atty.

Rowell v. Crofoot

Opinion of the Court

Bronson, Chief Justice.—Held,

that to authorise the motion to be made in behalf of David Crofoot and Isaac Crofoot, Jr. only, the affidavit should have shown that a default had been obtained against Isaac Crofoot; and that if the motion was intended to be made for all the Defendants, the word “ impleaded ” should have been omitted in the title of the affidavit and notice of motion.

Motion denied with costs.

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