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Potter v. Holmes

12 Wend. 199 Court N.Y. Sup. Ct. Decision date 1834-08-07 English

Delivered by Nelson, J.

Contents

Majority

p. 199
Potter vs. Holmes.

Headnote

It is enough that the name of one of the clerks of this court he subscribed to process, and that whether such clerk reside at the place where the process is tested or not.
In this case it was urged that the name of the clerk of this court, resident at the place where process was tested, ought to be subscribed to it, or that it was defective.
August 7.

By the Court,

The process is good, if the name of one of the clerks of this court be subscribed to it, whether he does or does not reside at the place where the process purports to be tested. Each has the right to sign process.