Alberti v. Peck

New York Supreme Court

Alberti v. Peck

1 How. Pr. 230

CourtNew York Supreme Court

DecidedSeptember 15, 1845

StatusPublished

Cited by1 cases

This text of 1 How. Pr. 230 (Alberti v. Peck) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alberti v. Peck, 1 How. Pr. 230 (N.Y. Super. Ct. 1845).

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Opinion

There was no affidavit of merits made for the motion, accompanying the moving papers. Defendant relied upon the affidavit of merits made by the attorney, which was served with the plea.

Beardsley, Justice.

Denied the motion, on the ground that there was not proper affidavit of merits, nor any excuse shown why one was no* made by Peck the defendant. The default was regular, and he would have let in the defendant, on terms, if proper affidavit had been made.

Motion denied with costs.

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There was no affidavit of merits made for the motion, accompanying the moving papers. Defendant relied upon the affidavit of merits made by the attorney, which was served with the plea.

Beardsley, Justice.

Denied the motion, on the ground that there was not proper affidavit of merits, nor any excuse shown why one was no* made by Peck the defendant. The default was regular, and he would have let in the defendant, on terms, if proper affidavit had been made.

Motion denied with costs.

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Bluebook (online)

1 How. Pr. 230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alberti-v-peck-nysupct-1845.

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