Mott v. Commissioners of Highways of Rush

New York Supreme Court

Mott v. Commissioners of Highways of Rush

19 Wend. 640

CourtNew York Supreme Court

DecidedMarch 15, 1839

StatusPublished

Cited by2 cases

This text of 19 Wend. 640 (Mott v. Commissioners of Highways of Rush) 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

Mott v. Commissioners of Highways of Rush, 19 Wend. 640 (N.Y. Super. Ct. 1839).

Pincite

Opinion

[641]*641 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.

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[641]*641 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.

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Bluebook (online)

19 Wend. 640, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mott-v-commissioners-of-highways-of-rush-nysupct-1839.

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