Gilbert v. Manchester Iron Manufacturing Co.
New York Supreme Court
In this case, the plaintiff at the last term obtained judgment by default, for the omission of the defendants to bring on a motion to set aside a report of referees. The cause was moved by the plaintiff as one entitled to preference in the hearing, under the provisions of the statute relative to suits against corporations.
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In this case, the plaintiff at the last term obtained judgment by default, for the omission of the defendants to bring on a motion to set aside a report of referees. The cause was moved by the plaintiff as one entitled to preference in the hearing, under the provisions of the statute relative to suits against corporations. The defendants excused their default, and insisted besides that they were entitled to have the rule opened, on the ground that it was taken against them after the first week in term.
1Opinion of the Court
By the Court,
Nelson, J.
The default is satisfactorily excused, and the defendants are entitled to have it opened, on payment of costs. [Mr. Justice Nelson intimated, that in a case like this, where a party is entitled to a preference on the calendar, the cause should regularly be moved during the first week of term, as in case of frivolous demurrers and frivolous bills of exceptions, so that the opposite party need not attend during a whole term to watch the proceedings of his adversary.]
2Cited by1 opinion
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