Desobry v. Morange
New York Supreme Court
THE declaration in this cause was filed the 4th of March last, and a default for want of a plea entered on the 29th of July, on which an interlocutory judgment was entered, and notice given for executing a writ oí inquiry on the 9th ot August. Final judgment was entered on the 19 th oí August, and docketted on the 24th of August, and an execution issued thereon the same day.
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THE declaration in this cause was filed the 4th of March last, and a default for want of a plea entered on the 29th of July, on which an interlocutory judgment was entered, and notice given for executing a writ oí inquiry on the 9th ot August. Final judgment was entered on the 19 th oí August, and docketted on the 24th of August, and an execution issued thereon the same day. On the 15th of April last, the defendant obtained his discharge under the insolvent act.' now moved for leave to plead the discharge of the defendant puis darrein continuance, nunc pro tunc, as of May term last, on…
1Per curiam
The motion must be denied. The defendant has been grossly negligent in not pleading his discharge in proper season, either before or at the May term, or before the default for want of a plea was entered, (a)
Motion denied.
Vide Valkenburgh v. Dederick, 1 Johns. Cases, 133. 7 Johns. Rep. 195. 9 Johns. Rep. 392.
2Cited by2 opinions
- Sandford v. SinclairNew York Supreme Court · 1846
- Alcott v. AveryNew York Court of Chancery · 1846