Robinson v. Sinclair
New York Supreme Court
Motion by defendant to set aside default and subsequent proceedings for irregularity, with costs.—This suit was commenced 25th December last, by declaration containing indebitatus, money and merchandise, counts, only, with copy note annexed and notice that it was the only demand for which the suit was brought.
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Motion by defendant to set aside default and subsequent proceedings for irregularity, with costs.—This suit was commenced 25th December last, by declaration containing indebitatus, money and merchandise, counts, only, with copy note annexed and notice that it was the only demand for which the suit was brought. On the 14th January last, defendant’s attorney prepared plea of general issue, affidavit of merits, and notice of set off, and served copies thereof on plaintiff’s attorney by putting same in post-office at New York, directed to plaintiff’s attorney at Albany, and paying postage. On the…
1Opinion of the Court
Beardsley, Justice.
Held, that the original affidavit should have accompanied the plea served, and that a general affidavit of merits must be made on the motion.
Decision.—Motion denied with costs, without prejudice.
2Cited by1 opinion
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