Gardner v. Teller

New York Supreme Court

Gardner v. Teller

2 How. Pr. 241

CourtNew York Supreme Court

DecidedSeptember 15, 1846

StatusPublished

Cited by1 cases

This text of 2 How. Pr. 241 (Gardner v. Teller) 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

Gardner v. Teller, 2 How. Pr. 241 (N.Y. Super. Ct. 1846).

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Opinion

Bronson, Chief Justice.

Serving a declaration with notice to plead in ten days, instead of twenty days, was irregular. But the defendant’s attorney served a notice of retainer generally, which is an appearance where no bail is required. {Buie 26.) And an appearance is a waiver of irregularities in the process to bring the party into court. (7 Cow. 366; 7 John. 207). The declaration and notice are in the nature of process- Motion denied, with $7 costs.

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Bronson, Chief Justice.

Serving a declaration with notice to plead in ten days, instead of twenty days, was irregular. But the defendant’s attorney served a notice of retainer generally, which is an appearance where no bail is required. {Buie 26.) And an appearance is a waiver of irregularities in the process to bring the party into court. (7 Cow. 366; 7 John. 207). The declaration and notice are in the nature of process- Motion denied, with $7 costs.

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Bluebook (online)

2 How. Pr. 241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gardner-v-teller-nysupct-1846.

Opinion

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