Follet v. Sherman

New York Supreme Court

Follet v. Sherman

2 How. Pr. 238

DecidedSeptember 15, 1846

StatusPublished

This text of 2 How. Pr. 238 (Follet v. Sherman) 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

Follet v. Sherman, 2 How. Pr. 238 (N.Y. Super. Ct. 1846).

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Opinion

Bronson, Chief Justice.

The surrejoinder was not re-, ceived, and as the proof of service by mail is not in strict conformity to the rule, I think the plaintiffs must pay costs. Ordered, that the plaintiffs’ default for not surrejoining and all subsequent proceedings on the part of the defendant be set aside, and that the plaintiffs have leave to surrejoin, on payment of the costs of the default and subsequent proceedings, including seven dollars costs of opposing this motion.

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Bronson, Chief Justice.

The surrejoinder was not re-, ceived, and as the proof of service by mail is not in strict conformity to the rule, I think the plaintiffs must pay costs. Ordered, that the plaintiffs’ default for not surrejoining and all subsequent proceedings on the part of the defendant be set aside, and that the plaintiffs have leave to surrejoin, on payment of the costs of the default and subsequent proceedings, including seven dollars costs of opposing this motion.

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Bluebook (online)

2 How. Pr. 238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/follet-v-sherman-nysupct-1846.