Paul v. Graves
New York Supreme Court
Entitling of netrr. The cause of action in this case arose on a promissory note due in February, 1830. The suit was commenced by filing a declaration in the office of one of the clerks of the court, in pursuance of the statuale, 2 R. L. 347, § 1, on the 13th March, 1830. The declaration was entitled, “As of January term, in the year of our Lord one thousand eight hundred and thirty.”
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Entitling of netrr. The cause of action in this case arose on a promissory note due in February, 1830. The suit was commenced by filing a declaration in the office of one of the clerks of the court, in pursuance of the statuale, 2 R. L. 347, § 1, on the 13th March, 1830. The declaration was entitled, “As of January term, in the year of our Lord one thousand eight hundred and thirty.” The defendant put in two special pleas, to one of which the plaintiff demurred; the defendant joined in demurrer, and the cause was noticed for argument at the Juty term, but was not argued. In the demurrer book…
1Opinion of the Court
*78 By the Court,
Marcy, J.
It appears to me indispensable ,|mt (j)e declaration should be entitled specially, as when the cause of action accrues on a particular day in term, notwithstanding that it. be filed in vacation; and although it may seem incongruous to entitle a declaration as of a particular day in term, when in fact the day of the filing is not in term, yet to preserve the regularity of legal proceedings, and at the same lime carry into effect, the provisions'of the revised statutes on this subject, such course is unavoidable. Where thetefore, as in this case, the cause of action…
2Cited by4 opinions
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