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Owen v. Whitehouse

98 N.Y.S. 1109 Court N.Y. App. Div. Decision date 1906-03-09 English

Judges JENKS, J., dissents.

Contents

Majority

p. 1109
OWEN, Appellant, v. WHITEHOUSE, Respondent.
(Supreme Court, Appellate Division, Second Department.
March 9, 1906.)

Headnote

Action by Percy Owen against James Whitehouse.

We think the defect complained of was an irregularity merely, amendable under section 721 et seq. of the Code of Civil Procedure; and, as it clearly appears that the defendant was not misled, the motion to vacate the attachment should have been denied. The order appealed from is reversed, with $10 costs and disbursements, and the motion denied, with costs.

JENKS, J., dissents.