Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-06-01
81 McLaughlin-New trial denied, but verdict re-

iel McLaughlin-New trial denied, but verdict re-
duced to $1,000
smith VS. the Professionalism reversed
The Kingston and Middletown Turnpike Comma
ny ads the People, ex rel Charles Bishop-Judg-
ment for the People on demurrer on all the Replica
TONS the 9Th llth, 18th and 23d and ON those
Judgment for defendants, with leave to amend on
Pratt ads Redfeld-New trial granted on payment
of costs.
Groot ads Whitney g. schuyler-Report of Re-
ierences reduced 10 $ioo w. No costs on this mo-
The People VS. Justices of Superior Court of the
city of New York-Judgment for defendant on de-
The People VS. Supervisors of the county of Dutch
ess-Judgment for defendants, on demurrer.
adopted:
/. In actions upon any written instrument or re-
cord which shall be described in, a copy of
which shall be served WITH the declaration, the
pialn'iit may disregard any plea in bar concluding
TO the contrary, unless the same shall be accOmpa-
med by an affidavit that the defendant has fully and
Iairly stated the case to -, Of, his counsel and
that he has good and substantial defence on the
merits 10 the whoie, or some part Of the plaintiffs
demand on the Dill OF exchange, proms sory note, or
other written instrument, the Judgment recesni-
zance, or other record, which the action is
brought, as he is advised by his counsel and verify
believes to be true. The plaintiff NAV also disre-
gard any plea in bar concluding with verifcatios
unless the same shall be accompanied by an affida
Wit that the defendant verify believes the plea to be
true in substance and matter of fact.
When sufficient is shown why the afida
Wit is not made by the defendant, the same NAV be
made by his COUNSEL attorney, agent, stating par
tculary his means of knowledge in relation to the
defence plea.
This rule shall only apply in where it shall
appear by the declaration, the plaintiffs bill of
particulars, that the written instrument or record
is the only cause Of action which the plaintiff
relies.
2. On special motions upon notice, when costs
shall DE allowed to the moving party, the whole
amount Of such costs shall be ten dollars; and when
costs shall be allowed TO the opposing party the
whole amount of such costs shall be dollars;
but in peculiar and important cases" the gross
amount of costs allowed to either party may be in
creased to a sum not exceeding twenty dollars.
3. The following clause shall be added to the 31st
general rule of this court" But the Judge, on
granting the order, may limit its effect, by decar
ing how far it shall operate stay of proc eedngs.
When the discovery shall not be made in proper
time, and no sufficient shall be shown, the
Judge may make such order for uing the plain
tiff, striking out the defendants plea notice, or
debarring him from any particular defence, as the
circumstances OF the case may seem to require and
filling such order at tho next general special
term, order of the court to the same effect may
be entered matter Of course"
4. Service of papers by enclosing the same in
wrapper, directed to the att erney Of the other par
ty, at his place Of residence, putting the same in
the post office, and paying postage shall be equva-
lent to service upon an agent.
8. These rules shall take effect on the LIST day Of
July next. "a Copy
w. p. HALLErr, Clerk