¶1We have decided that such a writ is Voidable only. The case of Drake v. Millar (Coleman’s Cases, 85.) was contrary to the existing rules on the subject, and ought not to govern, unless in a case precisely similar, in every respect. (See ante, Williams v. Rogers, 166.) The plaintiff may amend, on payment of costs.
5 Johns. 233
Morrell v. Waggoner
Decided November 15, 1809
New York Supreme Court · decided 1809-11-15
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Decided 1809-11-15