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1 How. Pr. 43

Durant v. Cook

New York Supreme Court

Decided December 15, 1844

New York Supreme Court · decided 1844-12-15

Motion by defendants to set aside inquest and subsequent proceedings.— Inquest taken regularly at the last October circuit Albany, by Plaintiff. Defendants’ attorney wrote to plaintiff’s attorney after the cause had been noticed, to consent to have the cause set down for same day in the second week of the circuit, or to have it go over the circuit, as it stood low down on the calendar.

Decided 1844-12-15

Per Curiam.

¶1The affidavit of merits would not be good, if made for this motion, and as there is no merits sworn to by defendants on this 46] motion, and the plaintiff being regular, the defendants can not be let in on terms.

¶2Decision.—Motion denied with costs, without prejudice.

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