Livingston v. Executors of Livingston
New York Supreme Court
THE declaration in this cause contained several counts. The first was a special count for a legacy, and the others were the usual money counts. The plaintiff entered an interlocutory judgment for want of a plea, and damages were separately assessed on each count. On the last day of the last term, a motion was made and argued in arrest of judgment, but remained undecided until this term, when judgment was arrested on the first count.
Read the full summary
THE declaration in this cause contained several counts. The first was a special count for a legacy, and the others were the usual money counts. The plaintiff entered an interlocutory judgment for want of a plea, and damages were separately assessed on each count. On the last day of the last term, a motion was made and argued in arrest of judgment, but remained undecided until this term, when judgment was arrested on the first count. (See ante, p. 189.) now moved to set aside the inquisition taken on all the other counts ; and for leave to plead to them. He read an affidavit, stating that the…
1Per curiam
The defendants may take their rule to set aside the inquest, on the following terms : to pay the costs, not to plead the statute of limitations, but issuably, and to take short notice of trial, and consent that the venue be changed into such county as the plaintiff may elect for the trial of the cause.
Rule granted.
2Cited by1 opinion
- Babcock v. SanbornSupreme Court of Minnesota · 1859