Radcliff v. Van Benthuysen
New York Supreme Court
Motion to set aside default, and to change the venue from Dutchess to JSssex.—The declaration was served on the 16th of June. On the 5th of July, the Defendant’s attorney served a plea, by depositing it in the post-office at Elizabethtown, Essex county, directed to the Plaintiff’s attorney at Bedhook, Dutchess county. The plea did not reach the Plaintiff’s attorney until the 13th, and prior to that time the Defendant’s default had been entered, and judgment perfected.
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Motion to set aside default, and to change the venue from Dutchess to JSssex.—The declaration was served on the 16th of June. On the 5th of July, the Defendant’s attorney served a plea, by depositing it in the post-office at Elizabethtown, Essex county, directed to the Plaintiff’s attorney at Bedhook, Dutchess county. The plea did not reach the Plaintiff’s attorney until the 13th, and prior to that time the Defendant’s default had been entered, and judgment perfected. He therefore immediately returned the plea by mail to Defendant’s attorney, informing him that it had arrived too late. There…
1Opinion of the Court
Basculo, Justice.
The default and all subsequent proceedings must be set aside. The plea having been duly enveloped and deposited in the post-office, and postage paid within twenty days, was properly served. (1.Howard, 152.)
A rule must be entered setting aside default, &c., and allowing twenty days time to Defendant to plead. The venue must also be changed from Dutchess to Essex county. The costs of motion to abide the event.
2Cited by8 opinions
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- Van Aernam v. WinslowSupreme Court of Minnesota · 1887
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