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Barber v. Bennett
6 Sandf. 705
The Superior Court of New York...
1852
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Lead Opinion

Sandford, J.,




Concurrence Opinion

(with the concurrence of

Duer, Paine, and Bosworth, J. J.,)

held that it was not necessary for the moving party to show affirmatively that his motion was in time. If the notice is not given within the twenty days, the adverse party must show the fact in- the same way that he establishes any matter of defence not apparent in the moving papers.

Case Details

Case Name: Barber v. Bennett
Court Name: The Superior Court of New York City
Date Published: Feb 20, 1852
Citation: 6 Sandf. 705
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