Purdy v. Warden

New York Supreme Court

Purdy v. Warden

18 Wend. 352

DecidedJune 15, 1837

StatusPublished

This text of 18 Wend. 352 (Purdy v. Warden) 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

Purdy v. Warden, 18 Wend. 352 (N.Y. Super. Ct. 1837).

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Opinion

By the Court,

Nelson, Ch. J.

[672] Where the bill is clearly evasive, the defendant may apply for judgment of non-pros ; but if it appear to have been made in good faith, although the defendant may not be satisfied with it, he should not ask for judgment of non-pros, but ought to apply to the judge who made the original order, for an order for better particulars. The bill in this case is sufficient, and the motion must be denied.

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By the Court,

Nelson, Ch. J.

[672] Where the bill is clearly evasive, the defendant may apply for judgment of non-pros ; but if it appear to have been made in good faith, although the defendant may not be satisfied with it, he should not ask for judgment of non-pros, but ought to apply to the judge who made the original order, for an order for better particulars. The bill in this case is sufficient, and the motion must be denied.

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Bluebook (online)

18 Wend. 352, Counsel Stack Legal Research, https://law.counselstack.com/opinion/purdy-v-warden-nysupct-1837.