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Remsen v. Isaacs

1 Cole. & Cai. Cas. 158 Court N.Y. Sup. Ct. English

Contents

Majority

p. 158
Maria Remsen, administratrix, v. Joshua Isaacs.

Headnote

MULLIGAN moved to set aside a report of refe rees for irregularity and on merits.
p. 159
Woods, contra.
In King v. Hughes, it was determined, that if a motion be made as non-enumerated for irregularity, the ground of merits must be abandoned, though on the merits the irregularity may be insisted on.

The rule is according to the decision cited. The application must be for irregularity only to bring it on as a. non-enumerated motion. If merits are united, it becomes enumerated.