Barber v. McHenry
New York Supreme Court
Motion to amend declaration. The action is to recover a penally of $1250, for not advertising pursuant to the directions of the statute real estate sold under execution.
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Motion to amend declaration. The action is to recover a penally of $1250, for not advertising pursuant to the directions of the statute real estate sold under execution. The judgment in the declaration is stated to have been rendered in October term, 1827, whereas, by the record, it appears to have been rendered in October, 1828; and the execution is stated to have been delivered to the sheriff on the day of its leste, to wit, on the fourth Tuesday of October, whereas it was not in fact delivered until the 15th January, 1829. The suit was commenced against the sheriff in August term, 1829,…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The law in relation to amendments is the same in actions for penalties and forfeitures as in other actions. 2 R. S. 425, § 10. The motion is granted on payment of all costs.
2Cited by3 opinions
- Griffith v. EshelmanSupreme Court of Pennsylvania · 1835
- Tiffany v. GilbertNew York Supreme Court · 1848
- Bogart v. M'DonaldNew York Supreme Court · 1801