General
Jackson, ex dem. Davis and another, against Brownson
4 Cow. 51·New York Supreme Court·1825·NY
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Opinion
Jackson, ex dem. Davis and another, against Brownson.
A the nei general sufficiei if it add a particular day for the motion which is several terms forward, this may bo as surplusage.
M. T. Reynolds, moved for judgment as in case of non-suit, upon a notice of motion which was thus : “ Take notice, that I shall move this honorable Court, at the nei term thereof, to be holden at the Capitol in the city of Al - bany, on the third Monday in October next,” &c. The notice was dated the 28th of January, 1825, and served in season for-this term.
A. Conkling, contra,
objected, that from the terms of the -notice, the time for making the motion would not arrive till October term next.
[MAJORITY — Curia.]
Curia.
It is impossible that the plaintiff ’s attorney could have been misled by this notice. It is first general for the next term after its date and service. The words, “ on the third Monday of October next,” must be rejected as surplusage.
Conkling thereupon stipulated.