Depeyster v. Warne
2 Cai. Cas. 45, 1 Cole. & Cai. Cas. 342
This text of 2 Cai. Cas. 45 (Depeyster v. Warne) 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
Depeyster v. Warne, 2 Cai. Cas. 45, 1 Cole. & Cai. Cas. 342 (N.Y. Super. Ct. 1804).
Opinion
There is strong reason to believe that notice of retainer was duly served, and though no merits are sworn to, we cannot depart from our rules. Let the default, judgment, and all subsequent proceedings, be set aside with costs; but on condition that the defendant does not bring any action for false imprisonment.
Motion granted.
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Related
Braseth v. County of Bottineau
100 N.W. 1082 (North Dakota Supreme Court, 1904)
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Bluebook (online)
2 Cai. Cas. 45, 1 Cole. & Cai. Cas. 342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/depeyster-v-warne-nysupct-1804.