Van Alstine v. Brower
New York Supreme Court
The plaintiff was ruled to assign errors. Pending this rule, his attorney filed an assignment of errors, and gave a copy thereof to Mr. Chamberlin, who undertook to serve it on the defendant’s attorney ; hut forgot to do this, until, the rule to assign errors having expired, the plaintiff’s default was entered, and a rule for judgment of nonpros was taken against him.
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The plaintiff was ruled to assign errors. Pending this rule, his attorney filed an assignment of errors, and gave a copy thereof to Mr. Chamberlin, who undertook to serve it on the defendant’s attorney ; hut forgot to do this, until, the rule to assign errors having expired, the plaintiff’s default was entered, and a rule for judgment of nonpros was taken against him. Dodge, on these facts, moved to set aside the default and all subsequent proceedings, upon payment of costs; which I opposed, upon the ground, that the defendant being regular, merits, or some legal ground for prosecuting the…
1Opinion of the Court
Woodworth J. observed, that the rule requiring merits to be shown, in order to relieve the party against a default, had never, within his recollection, been extended to this case.
Motion granted.
2Cited by1 opinion
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