Mott v. Commissioners of Highways of Rush

19 Wend. 640

Opinion

By the Court,

Bronson, J.

A copy of the order of the court allowing the writ should have been served with it; or at the least, there should have been an endorsement on the writ that it was allowed by the court. Writs of this description do not, like many others, issue as a matter of course, and the officer to whom they are directed has a right to know that they have been regularly sued out. But this objection may be cured. by an amendment, and on that ground—

Motion denied.