Owens v. Morehouse

New York Supreme Court

Owens v. Morehouse

1 Johns. 276

CourtNew York Supreme Court

DecidedMay 15, 1806

StatusPublished

Cited by1 cases

This text of 1 Johns. 276 (Owens v. Morehouse) 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

Owens v. Morehouse, 1 Johns. 276 (N.Y. Super. Ct. 1806).

Pincite

Opinion

Per Curiam.

The only objections worth mentioning to this return are, that the process was joint against three, and the declaration against the present plaintiff alone, and that the declaration wants an averment that the work was actually performed.

The answer to these is, that the defendant, by not appear» [277]*277ins, cannot now make any objection to the variance between. ° .... - . the process and the declaration, and that the avermentrequired would, after judgment be intended to have been sup-J ° plied by the proof.

Judgment affirmed.

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Per Curiam.

The only objections worth mentioning to this return are, that the process was joint against three, and the declaration against the present plaintiff alone, and that the declaration wants an averment that the work was actually performed.

The answer to these is, that the defendant, by not appear» [277]*277ins, cannot now make any objection to the variance between. ° .... - . the process and the declaration, and that the avermentrequired would, after judgment be intended to have been sup-J ° plied by the proof.

Judgment affirmed.

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Bluebook (online)

1 Johns. 276, Counsel Stack Legal Research, https://law.counselstack.com/opinion/owens-v-morehouse-nysupct-1806.

Opinion

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