Sleght v. Hartshorne1 Johns. 149 N.Y. Sup. Ct.1806Check Treatment Per Curiam. As the defendants at the trial, made no objection to the want of preliminary proofs, but proceeded in their defence on the merits of the causé, it must be presumed that their existence and competency were admitted. Being matter merely formal, and not controverted by the defendants, it 'was proper to state their admission in the special verdict. Rule refused.
