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Den v. Fen

1 Cai. 487 Court N.Y. Sup. Ct. English

Contents

Majority

p. 607
Den against Fen.

Headnote

Feigned issue. Inquest.

If, in a feigned issue from the court of chancery, an inquest be improperly taken, relief must be sought in this

p. 608
court.[1] ■ And if notice of trial has not beefi given, it will be set aside, with costs, to be paid by the plaintiff’s attorney.[2]

(a) (a) а) Doe v. Roe, 1 Johns. Cas. 402 . If it be ordered by this court, and any difficulty arise in making it up, it must be settled,by a judge or commissioner at chambers. Richards v. Brown, 7 Johns. Rep. 320 .

[1] [1] As to feigned issues, see Code of Procedure, sec. 72.