Bowers v. Tallmadge

20 How. Pr. 516

Opinion

The court granted the motion, stating that the practice was well settled, that where an itnperfect case has been served, and the respondent desires that it should be amended, he must apply to the court by motion upon notice; and that he was at liberty to dismiss the appeal by ex parte order, "under rule 7, only where there was a total failure to serve any case within the time required.