Atkinson v. Clapp

New York Supreme Court

Atkinson v. Clapp

1 Wend. 71

CourtNew York Supreme Court

DecidedAugust 15, 1828

StatusPublished

Cited by2 cases

This text of 1 Wend. 71 (Atkinson v. Clapp) 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

Atkinson v. Clapp, 1 Wend. 71 (N.Y. Super. Ct. 1828).

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Opinion

By the Court,

Savage, Ch. J.

Under a rule to amend, the_ plaintiff was not authorized to insert in his declaration the name of a person as defendant, who had not been arrested or named in the capias. (4 Cowen’s R. 148.) Evans, named in the writ, had not been arrested, nor is he in court to take advantage of the variance; and Atkinson cannot avail himself by plea in abatement of a misnomer of a co-deferidant. (Lutw. 36.) The defendant is, therefore, correct in his application to set aside the narr. The motion is granted, with costs.

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By the Court,

Savage, Ch. J.

Under a rule to amend, the_ plaintiff was not authorized to insert in his declaration the name of a person as defendant, who had not been arrested or named in the capias. (4 Cowen’s R. 148.) Evans, named in the writ, had not been arrested, nor is he in court to take advantage of the variance; and Atkinson cannot avail himself by plea in abatement of a misnomer of a co-deferidant. (Lutw. 36.) The defendant is, therefore, correct in his application to set aside the narr. The motion is granted, with costs.

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Bluebook (online)

1 Wend. 71, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atkinson-v-clapp-nysupct-1828.

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