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Bowers v. Tallmadge

Court of Appeals of the State of New York
Mar 1, 1861
23 N.Y. 166 (N.Y. 1861)

Opinion

March Term, 1861

Richard Goodman, for the motion.

Amasa J. Parker, opposed.


The motion must be granted. The practice is well settled that where an imperfect Case has been served and the respondent desires that it should be amended, he must apply to the court by motion upon notice. He is at liberty to dismiss the appeal by ex parte order, under Rule 7, only where there is a total failure to serve any Case within the time required.


Summaries of

Bowers v. Tallmadge

Court of Appeals of the State of New York
Mar 1, 1861
23 N.Y. 166 (N.Y. 1861)
Case details for

Bowers v. Tallmadge

Case Details

Full title:BOWERS v . TALLMADGE

Court:Court of Appeals of the State of New York

Date published: Mar 1, 1861

Citations

23 N.Y. 166 (N.Y. 1861)