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6 Johns. 286

Smith v. Wells

New York Supreme Court

Decided August 15, 1810

New York Supreme Court · decided 1810-08-15

FOOT, for the defendants, moved for judgment, as in • « 'U v case of nonsuit, for not proceeding to trial in this cause.

Decided 1810-08-15

Per Curiam.

¶1The motion must be granted, unless the enters into the'usual stipulation. The attor- . 1 ney is to be governed by the pleadings delivered to him, • and is not to search the clerk’s office. The plaintiff’s attorney, when a copy of a plea is received by him, is t® take it for granted, that the original is on file. ‘

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