Legal Opinion
Agnew v. Latham
New York Supreme Court
Decided April 15, 1907PublishedCited by 1 opinion
Motion for the delivery of a cheek. The opinion states the case.
1Opinion of the CourtGreenbaum, J.
The preliminary objection that the moving papers are defective because the order to show cause fails to specify the irregularities complained of, as required by Rule 37, General Rules of Practice, is not well taken. An irregularity has been defined to be “ the want of adherence *62to some prescribed rule or mode of proceeding.” Farrington v. Root, 10 Misc. Rep. 347, 349; Bowman v. Tallman, 2 Rob. 385. In other words, it is the omission of some matter of form. Where however, as here, the defects go to the sufficiency of the affidavit as evidence they are matters of substance, not mere…
2Cases cited7 opinions
- Steuben County Bank v. . AlbergerNew York Court of Appeals · 1879
- Murphy v. . JackNew York Court of Appeals · 1894
- In re Van NostrandNew York Supreme Court · 1894
- Andrews v. SchofieldAppellate Division of the Supreme Court of the State of New York · 1898
- Farrington v. RootNew York Court of Common Pleas · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In re EhretNew York Supreme Court · 1911