Morgan v. Dyer
New York Supreme Court
PARKER, for the defendant, moved to set aside all the pro«eedings in this cause, since October term last, on the ground of Irregularity, with costs, and that the plaintiffs reply to the plea puis darrein continuance, &c.
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PARKER, for the defendant, moved to set aside all the pro«eedings in this cause, since October term last, on the ground of Irregularity, with costs, and that the plaintiffs reply to the plea puis darrein continuance, &c. It appeared, that the defendant’s attorney received a declaration in the cause, on the 9th of August, 1811, in debt, on a judgment, io which he pleaded mil tiel record, Src.' A replication was rereived on the 9th of September, and the' cause noticed for trial, by record, m October term, 1811. On the 9th or December, a plea puis darrein continuance, verified by affidavit,…
1Per curiam
„ „ The defendant is not too late in the application, Though the notice of trial was served on his agent, on the 28th December, yet, as the plea puis darrein continuance had not then *256been served, and was soon after served on the plaintiff’s attorney, jje jja¿ g00¿ reason to conclude that the plaintiffs would not pro» ceed under their notice of trial, and especially, as his last plea (presuming it to have been well pleaded) was a waiver of his former plea in bar. The first notice he afterwards had of the plaintiffs’ having proceeded, in January term, to trial, upon the issue of mil fiel…
2Cited by5 opinions
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