Miller v. Johnson

New York Supreme Court

Miller v. Johnson

12 Wend. 197

CourtNew York Supreme Court

DecidedJune 19, 1834

StatusPublished

Cited by1 cases

This text of 12 Wend. 197 (Miller v. Johnson) 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

Miller v. Johnson, 12 Wend. 197 (N.Y. Super. Ct. 1834).

Pincite

Opinion

[198]*198 By the Court,

Sutherland, J.

The notice is not in the form prescribed by the statute, 1 R. S. 746, § 12, 13, 14, but the plaintiff cannot avail himself of the defect. Had the sheriff disregarded it, it might be questionable whether he would have been liable to the landlord. The statute is merely directory, and does not say that notice in the form prescribed shall be in the nature of a condition precedent.

Motion denied.

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[198]*198 By the Court,

Sutherland, J.

The notice is not in the form prescribed by the statute, 1 R. S. 746, § 12, 13, 14, but the plaintiff cannot avail himself of the defect. Had the sheriff disregarded it, it might be questionable whether he would have been liable to the landlord. The statute is merely directory, and does not say that notice in the form prescribed shall be in the nature of a condition precedent.

Motion denied.

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Bluebook (online)

12 Wend. 197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-johnson-nysupct-1834.

Opinion

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