The President and Directors of the Bridgeport Bank v. Sherwood, Gentleman, One of the Attorneys, &c

New York Supreme Court

The President and Directors of the Bridgeport Bank v. Sherwood, Gentleman, One of the Attorneys, &c

16 Johns. 43

DecidedJanuary 15, 1819

StatusPublished

This text of 16 Johns. 43 (The President and Directors of the Bridgeport Bank v. Sherwood, Gentleman, One of the Attorneys, &c) 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.

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The President and Directors of the Bridgeport Bank v. Sherwood, Gentleman, One of the Attorneys, &c, 16 Johns. 43 (N.Y. Super. Ct. 1819).

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Opinion

Per Curiam.

In suits against attorneys, not only the bill or declaration, and notice of rule to plead, but notices of all the subsequent proceedings in the cause, must be served personally on the defendant, or his agent. Affixing up a no-[44]*44notice in the clerk’s office, as in suits against common personSj js not sufficient. (Backus v. Rogers, 3 Johns. Rep. 346.) The assessment of damages, and all subsequent proceedings, must be set aside, with costs, on the defendant stipulating not to bring an action of trespass against the plaintiff.

Rule accordingly.

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Per Curiam.

In suits against attorneys, not only the bill or declaration, and notice of rule to plead, but notices of all the subsequent proceedings in the cause, must be served personally on the defendant, or his agent. Affixing up a no-[44]*44notice in the clerk’s office, as in suits against common personSj js not sufficient. (Backus v. Rogers, 3 Johns. Rep. 346.) The assessment of damages, and all subsequent proceedings, must be set aside, with costs, on the defendant stipulating not to bring an action of trespass against the plaintiff.

Rule accordingly.

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Bluebook (online)

16 Johns. 43, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-president-and-directors-of-the-bridgeport-bank-v-sherwood-gentleman-nysupct-1819.