Tally v. Hamilton

The Superior Court of New York City

Tally v. Hamilton

1 Hall 222

CourtThe Superior Court of New York City

DecidedOctober 15, 1828

StatusPublished

This text of 1 Hall 222 (Tally v. Hamilton) is published on Counsel Stack Legal Research, covering The Superior Court of New York City primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tally v. Hamilton, 1 Hall 222 (N.Y. Super. Ct. 1828).

Pincite

Opinion

Per Curiam.

The plea, it appears, was put in under a mistake as to the facts of the case, and under such circumstances as to make the mistake natural. The court will, therefore, permit the plea to be withdrawn, notwithstanding it is verified by affidavit, for that was necessary; but it must be upon terms. The defendant must pay the costs of the motion, and such as pertain to the plea, and must plead an issuable plea without delay.

[O’Conner, Att'y for the plff. P. Hamilton, Att'y for the deft.]

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Per Curiam.

The plea, it appears, was put in under a mistake as to the facts of the case, and under such circumstances as to make the mistake natural. The court will, therefore, permit the plea to be withdrawn, notwithstanding it is verified by affidavit, for that was necessary; but it must be upon terms. The defendant must pay the costs of the motion, and such as pertain to the plea, and must plead an issuable plea without delay.

[O’Conner, Att'y for the plff. P. Hamilton, Att'y for the deft.]

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Bluebook (online)

1 Hall 222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tally-v-hamilton-nysuperctnyc-1828.