Turner v. Dexter

4 Cow. 555

Opinion

Per Curiam.

The matter set forth in the notice proposed to be given is not frivolous; though there is doubt, perhaps, Whether the defendant can avail himself of it at law, and must not go to his bill in Equity. But on application to amend, we will not inquire into the merits of the amendment, farther than to see that it is not plainly fiivolous.

Motion granted, on terms.