General

Butterfield against Cooper

6 Cow. 608·New York Supreme Court·1827·NY

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Opinion

Butterfield against Cooper. ALBANY, Feb. 1827. Motion to set aside a ca. sa. against the defendant, on ° the ground that no fi. fa. had first been issued; the defenc^anl having put in special bail. But the balance of proof upon the affidavits, was, that no regular notice of r r 1 % _° special bail had been given to the plaintiff’s attorney» The plaintiff ⅛ not bound to unless the de-fendantgivere-guiar notice thereof; and thcJspedaíbaií be in, issue a ca. «a, without first having issued a/./a. if there be no notice of bail given. E. Fowler & J. II. Bronson, for the motion, G. C. Sherman, contra. [MAJORITY — Curia.] Curia. The plaintiff was not bound to know that special bail was in, without regular notice of bail. The motion must be denied. Motion denied.