Talman v. Barnes

12 Wend. 227 | N.Y. Sup. Ct. | 1834

*228In this case it was objected that but seven days notice of the motion had been given, as was shown by affidavit; in answer to which the defendant’s counsel read the admission of service of notice, in which the plaintiff’s attorney admitted due service of notice. The Chief Justice held the admission to be sufficient, and overruled the objection.