Requa v. Bulkley

Daly, Ch. J.

The point upon which the appellant mainly relies, that the plaintiff had not posted up in her house the notice provided for in the statute of 1867 (Laws of 1867, c. 677), lias been decided adversely to .the appellant in the case of Fowler v. Hart, decided at the present term.*

But it is not necessary to dispose of this case upon' that ground. This objection was not raised at all in the court below, and for all that we know, the plaintiff may have had such a notice posted up, and have been able to prove it upon the trial, if this technical objection had been made to her right to…