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Shuter v. Hallett

1 Cole. & Cai. Cas. 330 Court N.Y. Sup. Ct. English

Contents

Majority

p. 330
Shuter v. Richard S. Hallett.

Headnote

A VERDICT had been obtained, in this cause, against the defendant, on which a case had been made, and a judge’s certificate of probable cause duly granted.
D. A. Ogden,
on an affidavit by the píaintiff stating his fear of losing his debt, from the circumstances of the defendant, moved to have the amount recovered brought into court.
Pendleton, contra,
cited Hallett v. Cotton, ante, p. 150.

The practice of the court has never been according to the application. It would be often oppressive, and amount to a denial of right, as the defendant may not be able to comply with the condition, yet have a complete defence to the suit.