¶1Here is evidence sufficient to cast the burden of proof upon the plaintiff to show that his lessor is alive, and as he has not done so, we are all of opinion the demises by Butler be struck out. We are further of opinion, that this is the proper time and manner of making the application.
1 Cole. & Cai. Cas. 105
Ditz v. Butler
Decided April 15, 1800
New York Supreme Court · decided 1800-04-15
THE Attorney General, on affidavit that Butler, one of the lessors of the plaintiff, is dead, and was so when the suit was instituted, now moves, previous to joining in the consent rule, to have the first and second count, in which he is averred to be the lessor, struck out of the declaration.
Decided 1800-04-15