Stafford v. Cole
New York Supreme Court
Judgment in this case had been entered by default, for want of a plea, though a plea was sent by the mail, and the attorney for the defendant swore that he believed it was received by the plaintiff’s attorney,
1Per curiam
The defendant’s attorney swears that he sent the plea by mail, and that he believes it was received; and as this is not denied by the plaintiff’s attorney, though he had a copy of the affidavit, some days before.making his counter-affidavit, we will presume that the plea was received. The judgment must be set aside, on payment of costs by the plaintiff’s attorney himself.(b)
Rule granted.
The supreme court of New jersey, in a recent case, held that the proof of placing in the post office, a letter, containing a notice of trial, directed to the defendant’s attorney residing in a post-town", in…
2Cited by2 opinions
- Clark v. M'FarlandNew York Supreme Court · 1834
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