Tuttle v. Hunt

New York Supreme Court

Tuttle v. Hunt

2 Cow. 436

CourtNew York Supreme Court

DecidedOctober 15, 1823

StatusPublished

Cited by8 cases

This text of 2 Cow. 436 (Tuttle v. Hunt) 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

Tuttle v. Hunt, 2 Cow. 436 (N.Y. Super. Ct. 1823).

Pincite

Opinion

Curia.

The service of the summons by the plaintiff himself was good. The rule adopted in Bennet v. Fuller, (4 John. Rep. 486,) is this: that where no bail is exacted the Sheriff may serve a capias in his own favor ; and any other plaintiff may, under similar circumstances, be deputed to serve his own process. The return was sufficient. (Legg v. Stillman et al. ante, 418.) But the error in admitting proof of the plaintiff’s declaration is fatal, though the Jusice directed the jury to disregard it. (Penfield v. Carpenter, 13 John. 350.)

Judgment reversed.

Free access — add to your briefcase to read the full text and ask questions with AI

Curia.

The service of the summons by the plaintiff himself was good. The rule adopted in Bennet v. Fuller, (4 John. Rep. 486,) is this: that where no bail is exacted the Sheriff may serve a capias in his own favor ; and any other plaintiff may, under similar circumstances, be deputed to serve his own process. The return was sufficient. (Legg v. Stillman et al. ante, 418.) But the error in admitting proof of the plaintiff’s declaration is fatal, though the Jusice directed the jury to disregard it. (Penfield v. Carpenter, 13 John. 350.)

Judgment reversed.

Cite This Page — Counsel Stack

Bluebook (online)

2 Cow. 436, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tuttle-v-hunt-nysupct-1823.

Opinion

Related

Cite This Page — Counsel Stack