Barheydt v. Haverly

1 Wend. 70
New York Supreme Court·Decided August 15, 1828·Published·Cited by 2 cases

Opinion

By the Court,

Sutherland, J.

Notice of special matter cannot be given with the plea of nul tiel record-. (13 Johns. R. 329.) Such notice only can accompany a plea, which presents an issue to be tried by a jury. The motion is denied with costs. - The defendant, however, is permitted to withdraw his plea of nul tiel record, and to plead anew.

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Barheydt v. Haverly, 1 Wend. 70 (N.Y. Super. Ct. 1828).

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