Civil Procedure · MBE-tested

Jackson, ex dem. -, against -

2 Cai. 259·New York Supreme Court of Judicature·1804·NY

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Opinion

Jackson, ex dem. —, against —. Notice of a non-enumerated motion maybe foran enumerated day, if aecom panied with an excuse for not being given for the first day. The notice of motion to set aside a writ of possession was not for the, first day of term, nor for a non-enumerated day. Biker, contra. It is bad. Though the court allows notice of a non-enumerated motion to,be for another day than the first, still it ought to be for a non-enumerated day. [MAJORITY — Per Curiam.] Per Curiam. If the excuse is sufficient, the notice is good, though for any day, notwithstanding the court will hear it only on a non-enumerated day. Motion granted.