Mann v. Carley
New York Supreme Court
The capias ad respondendum in the first cause, return-a^e at t'de *ast October term, was issued against Carley, "by the name of Grautis Q,. Carley ; whereas his real name was Gerardus Q,. Carley. • The capias contained no ac etiam, and was served on Carley and Walton. Carley’s attorney gave notice of retainer, entitled, “ Gerardus Q,. Carley, who is sued by the name of Grautis Q,. Carley, impleaded, At an early dayin the Present term=
1Opinion of the Court
Woodworth J.
delivered the opinion of the Court. After stating both cases, and wherein they differed, he said the motions under consideration were novel; he believed without precedent in this Court; and not of very ancient date in the English Courts. There had, however, within a few years, been several cases of the kind, both in the King’s Bench and the Common Pleas, to which the Court had been referred, at the bar. He should not now advert to them particularly. The Court had examined them with a good deal of care; and, for himself, he confessed, that he had bestowed more labor, and had found…
2Cited by7 opinions
- Honeycutt v. NyquistWyoming Supreme Court · 1903
- Elliott v. HartNew York Supreme Court · 1852
- Steinhaus v. Enterprise Vending Machine Co.Appellate Terms of the Supreme Court of New York · 1903
- Dole v. ManleyNew York Supreme Court · 1855
- Miller v. StettinerThe Superior Court of New York City · 1862
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