Lynch v. Mechanics' Bank
New York Supreme Court
THE above, and several other suits, were brought on notes issued by the banks, and which they had refused to pay in gold or silver, which had been demanded of them, the banks, generally, having suspended their payments in specie.
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THE above, and several other suits, were brought on notes issued by the banks, and which they had refused to pay in gold or silver, which had been demanded of them, the banks, generally, having suspended their payments in specie. The suits were commenced by original writs, the precipes for which were filed in the office of the clerk of this court, the 22d of July last, and the writs were sealed on that day, tested the 13th of May, being the last day of the preceding term, and made returna- ,, , J m 7 , , i n ble the second l uesday oí August, the second common return J ° 7 day of the August…
1Per curiam
The two exceptions taken to the original writ, and upon which the present motion is founded, are, that it should have been in the nature of a summons, and not by pone or attachment; and that it should have been tested On the day it was issued, and not on the last day of the preceding term.
With respect to the first exception, it is unnecessary to pursue the very extensive range taken by the counsel on the argument. If this was an action against a private person, there can be no doubt, from the nature of the demand, that the form adopted in this case would be correct. The demand being…
2Cited by1 opinion
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