Dexter v. Hoover
New York Supreme Court
On certiorari to' a Justice’s Court. Jacob I. Hoover rnipleaded. Dexter before a Justice, and obtained judgment against him.
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On certiorari to' a Justice’s Court. Jacob I. Hoover rnipleaded. Dexter before a Justice, and obtained judgment against him. Dexter employed an attorney to prosecute a certiorari to this Court, who, by mistake, drew the affidavit and certiorari in the name of James S. Hoover, instead of the true name, Jacob I. Hoover ; and on the certiorari being served upon the Justice, he told the plaintiff’s attorney, that he should return that there was no such cause before him as that described in the papers; and a motion was now made to amend the title of the affidavit and writ so as to make them agree…
1Opinion of the Court
Curia.
Let the plaintiff make a supplementary affidavit in the true cause, stating the same facts as are contained in the original affidavit; let the writ be amended and a copy of the supplemental affidavit be served on the Justice, who must return thereto, as if it were an original affidavit. But the amendment must be on payment of costs.
Rule accordingly.
2Cited by3 opinions
- Fawcett v. . VaryNew York Court of Appeals · 1875
- Fawcett v. VaryNew York Court of Appeals · 1875
- Smith v. CollierNew York Supreme Court · 1886