Morrell v. Waggoner

5 Johns. 233
New York Supreme Court·Decided November 15, 1809·Published·Cited by 1 cases

Opinion

Per Curiam.

We have decided that such a writ is Voidable only. The case of Drake v. Millar (Coleman’s Cases, 85.) was contrary to the existing rules on the subject, and ought not to govern, unless in a case precisely similar, in every respect. (See ante, Williams v. Rogers, 166.) The plaintiff may amend, on payment of costs.

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Morrell v. Waggoner, 5 Johns. 233 (N.Y. Super. Ct. 1809).

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