Mott v. Commissioners of Highways of Rush
19 Wend. 640 | N.Y. Sup. Ct. | 1839
A copy of the order of the court allowing the writ should have been served with it; or at the least, there should have been an endorsement on the writ that it was allowed by the court. Writs of this description do not, like many others, issue as a matter of course, and the officer to whom they are directed has a right to know that they have been regularly sued out. But this objection may be cured. by an amendment, and on that ground—
Motion denied.
