Bowers v. . Tallmadge

New York Court of Appeals

Bowers v. . Tallmadge

23 N.Y. 166

DecidedMarch 5, 1861

StatusPublished

This text of 23 N.Y. 166 (Bowers v. . Tallmadge) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bowers v. . Tallmadge, 23 N.Y. 166 (N.Y. 1861).

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Opinion

The motion must be granted. The practice is well settled that where an imperfect Case has been served and the respondent desires that it should be amended, he must apply to the court by motion upon notice. He is at liberty to dismiss the appeal by exparte order, under Rule 7, only where there is a total failure to serve any Case within the time required. *Page 168

[EDITORS' NOTE: THIS PAGE IS BLANK.] *Page 169

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The motion must be granted. The practice is well settled that where an imperfect Case has been served and the respondent desires that it should be amended, he must apply to the court by motion upon notice. He is at liberty to dismiss the appeal by exparte order, under Rule 7, only where there is a total failure to serve any Case within the time required. *Page 168

[EDITORS' NOTE: THIS PAGE IS BLANK.] *Page 169

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Bluebook (online)

23 N.Y. 166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowers-v-tallmadge-ny-1861.