Fleming v. Tiler

1 Cole. & Cai. Cas. 71 Court N.Y. Sup. Ct. English

Contents

Majority

p. 71

Fleming, Executor, v. Tiler.

THE plaintiff shows as cause against a rule why he should not pay costs, he having been nonsuited on the trial at the circuit, that the writing on which the suit was brought was dated in seventy, See. and

p. 72

through mistake in copying, the date in the declaratian, was entered on the nisiprius roll, ninety, &c. and that for this variance the defendant had obtained the nonsuit against him.

Rule discharged»