Alexander v. Esten

1 Cai. 152 Court N.Y. Sup. Ct. English

Contents

Majority

p. 209

Alexander against Esten, Administrator.

Headnote

A motion cannot be extended, to objects not specified in the notice,

The Court ruled that it was the practice to coniine a party *to the objects specified in his [*153] notice, and the present being to set aside an execution, they would not allow it to be extended to the judgmental.^[1]

Lewis, Ch. J., absent.

[1] [1] Ferguson v. Jones, 12 Wend. 241 ; 1 Cow. 135 , note [1].