Miller v. Johnson

Court: New York Supreme Court
Date filed: 1834-06-19
Citations: 12 Wend. 197
Copy Citations
1 Citing Case
Lead Opinion

Page 198
By the Court,

Sutherland, J.

The notice is not in the form prescribed by the statute, 1 R. S. 746, § 12, 13, 14, but the plaintiff cannot avail himself of the defect. Had the sheriff disregarded it, it might be questionable whether he would have been liable to the landlord. The statute is merely directory, and does not say that notice in the form prescribed shall be in the nature of a condition precedent.

Motion denied.