Legal Opinion
Jackson ex rel. Davis v. Brownson
New York Supreme Court
Decided February 15, 1825PublishedCited by 1 opinion
M. T. Reynolds, moved for judgment as in case of non-suit, upon a notice of motion which was thus : “ Take notice, that I shall move this honorable Court, at the nei term thereof, to be holden at the Capitol in the city of Al - bany, on the third Monday in October next,” &c. The notice was dated the 28th of January, 1825, and served in season for-this term.
1Opinion of the Court
Curia.
It is impossible that the plaintiff ’s attorney could have been misled by this notice. It is first general for the next term after its date and service. The words, “ on the third Monday of October next,” must be rejected as surplusage.
Conkling thereupon stipulated.
2Cited by1 opinion
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