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1 Johns. 276

Owens v. Morehouse

New York Supreme Court

Decided May 15, 1806

New York Supreme Court · decided 1806-05-15

BY the return to the certiorari in this cause, it apPearech that, on the 23d of April, 1804, the justice issued a summons in behalf of Morehouse, in a plea of trespass on the case, against the present plaintiff, Elijah Owens, Sen. and Daniel Owens, to appear on the 4th of May fol- , , , , , , lowing ; and that the summons was returned as served on. the 28th of April, by reading to each of them.

Cited by 2 later decisions — most recently May 1899

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1806-05-15

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Per Curiam.

¶1The only objections worth mentioning to this return are, that the process was joint against three, and the declaration against the present plaintiff alone, and that the declaration wants an averment that the work was actually performed.

¶2The answer to these is, that the defendant, by not appear» *277ins, cannot now make any objection to the variance between. ° .... - . the process and the declaration, and that the avermentrequired would, after judgment be intended to have been sup-J ° plied by the proof.

¶3Judgment affirmed.

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