¶2A special caption to the declaration was not necessary or proper in this case; but the mentioning a particular day in vacation, when probably the declaration was filed, is mere surplusage, and may be rejected.
¶3Judgment for plaintiff.
12 Wend. 155
Ayres v. Haynes
Decided May 15, 1834
New York Supreme Court · decided 1834-05-15
Demurrer to declaration. The declaration was entitled, “Of July term, to wit, of the fifth day of September, one thousand eight hundred and thirty three.” The plaintiff then, without stating the defendant to be in custody &c. or that according to the form of the statute he complains &c. proceeds to count on a bill of exchange drawn by the defendant on one A. B. for a certain sum, bearing date 15th January, 1833, and payable to the plaintiff 5 months after date, alleging…
Decided 1834-05-15