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7 Cow. 413

M'Michael v. Knapp

New York Supreme Court

Decided August 15, 1827

New York Supreme Court · decided 1827-08-15

The plaintiffs had issued and caused to be returnee), a fa fa- against the defendants, on which part of the judgment was collected. Afterwards they issued a second fi. fa- without reciting the former, or the proceedings upon The second was for the whole, amount of the ju§gment; but was indorsed for the balance due. moved to. set the second fi. fa. aside for irregularity. moved to amend, if the court should be of opinion that the proceeding was irregular.

Decided 1827-08-15

Ouria.

¶1In strictness, the second execution should have *414recited the first, and the proceedings under it. (a) But the plaintiffs may amend on payment of costs.

¶2Buie accordingly.

¶3Vid. Oviat v. Vyner (1 Salk. 318.) Tid. Pr. 934, S. P.

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