Willard v. Missani
New York Supreme Court
Davis, moved to set aside the declaration, for irregular!-717-7 ty. The capias ad resp. was at the suit of George B. Willard against John Theodore De Missani, who put in special bail the 23d January last, at the suit of George B. Willard, The declaration commenced thus : “ Charles Willard, at whose suit, by the name of George B. Willard, John Theodore De Missani was arrested in this suit,7 &c.
1Opinion of the Court
Curia.
The 1 Chitty on Pl. 251-2, is an authority for this mode of declaring ; but the case to which he refers is Murray v. Hubbart, (1 B. & P. 645.) This case does not bear him out. It is where a defendant, sued by a wrong name, appeared, and was declared against by his right one. The case here is directly the reverse. The capias is at the suit of George B. Willard, according to which the defendant appears. Charles Willard then comes in and declares in his own name. The declaration must correspond with the process in the names of the parties. (Tidd, 402.) The case of a defendant, sued by a…
2Cited by2 opinions
- Reeder v. MooreMichigan Supreme Court · 1893
- Blanchard v. StraitNew York Supreme Court · 1853