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Pepoon v. Jenkins

1 Cole. & Cai. Cas. 60 Court N.Y. Sup. Ct. English

Contents

Majority

p. 60
Pepoon and another ads. Jenkins.

Headnote

RIGGS, for the defendants, moved to quash the writ for want of the clerk’s name to it, and Woods-, at the same time, moved for leave to amend. He contended that the writ is supposed to be the act of the clerk, and ought not to prejudice the party ; and
p. 61
cited 1 Cromp. 106. and 1 Durn. and East, 783. Yelv. 64.

It may be considered as the omission of the clerk, and amendable. Let it be amended, on payment of costs.