New-York Central Insurance v. Kelsey
New York Supreme Court
Motion to set aside judgment in favor of the plaintiff, founded on an inquest at circuit, on the ground of irregularity in notice of trial. The venue in the action is laid in the county of Otsego.
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Motion to set aside judgment in favor of the plaintiff, founded on an inquest at circuit, on the ground of irregularity in notice of trial. The venue in the action is laid in the county of Otsego. On the 20th day of May, 1856, a notice of trial was served by the plaintiff’s attorney on the defendant’s attorney : the notice was as follows:— “ Please to take notice, that the above cause will be brought to trial, and an inquest taken therein, at a circuit court appointed to be held in and for the county of Otsego, at the court-house in the village of Cooperstown, on thé third Tuesday of June…
1Opinion of the Court
Hubbard, Justice.
The motion must be denied, on the ground that the error in the notice of trial was not such as was calculated to mislead. The error was merely clerical, and must have been so understood and appreciated by any intelligent member of the legal profession. That the defendant’s attorney so understood it is quite apparent, from his telegraph to the judge holding the circuit. He speaks of the notice for the third Tuesday instead of the third Monday. The word instead shows clearly that he was aware of the error, and was not, therefore, in fact, misled.
In all cases of this kind of…
2Cases cited2 opinions
- Bander v. CovillNew York Supreme Court · 1825
- Jackson ex rel. Davis v. BrownsonNew York Supreme Court · 1825
3Cited by6 opinions
- Smith v. Northern Pacific RailroadNorth Dakota Supreme Court · 1892
- Meislahn v. HankenNew York Court of Common Pleas · 1892
- Conant v. American Rubber Tire Co.New York Supreme Court · 1902
- State Bank v. SpenceCity of New York Municipal Court · 1902
- State Bank v. SpenceCity of New York Municipal Court · 1902
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