Bibbins v. Noxon

4 Wend. 207
CourtNew York Supreme Court
DecidedMay 15, 1830
StatusPublished
Cited by6 cases

This text of 4 Wend. 207 (Bibbins v. Noxon) 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
Bibbins v. Noxon, 4 Wend. 207 (N.Y. Super. Ct. 1830).

Opinion

By the Court,

Sutherland, J.

The variance is fatal, the defendant having put the judgment in issue by his plea of nul tiel record. Had the judgment been mere matter of inducement, the variance might have been disregarded ; but in this case it cannot be overlooked. It cannot be cured by a remititur; for that must be before judgment. (Strange, 1170. 4 T. R. 560.) The defendant is entitled to judgment.

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Cite This Page — Counsel Stack

Bluebook (online)
4 Wend. 207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bibbins-v-noxon-nysupct-1830.