Brown v. Bristol
1 Cow. 176
N.Y. Sup. Ct.
1823
Check Treatment
Curia.

The motion must be denied. That the declaration does not allude to the statute is a decisive objection. This is essential, as notice to the defendant of the extent to which the plaintiff claims ; otherwise, the former cannot be prepared to narrow the claim, by bringing himself within the provisos of the act. (Shotwell v. Daniels, 8 John. 341.)

Motion denied.