Davenport v. Ferris
New York Supreme Court
MUNRO, for the defendant, moved to set aside the default entered in this cause. • The writ was omitted to employ an attorney to defend the suit, until ■l ii.ji i, i i-the 30th April, when he was informed that the plum-tiff’s attorney had filed common bail, and entered ade~ fault for want of a plea. He also stated that he had a good and substantial defence on the merits, as he -was advised, &c. at the last term.
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MUNRO, for the defendant, moved to set aside the default entered in this cause. • The writ was omitted to employ an attorney to defend the suit, until ■l ii.ji i, i i-the 30th April, when he was informed that the plum-tiff’s attorney had filed common bail, and entered ade~ fault for want of a plea. He also stated that he had a good and substantial defence on the merits, as he -was advised, &c. at the last term. The defendant, in his affidavit, stated, that he was so much ene-aved in other business, that he ° ° J
1Opinion of the CourtThompson, J.
We have relaxed the practice so far, in setting aside defaults, that I am disposed to extend it, .in every case, as far as we do in ejectment suits, and to set aside a default whenever the party swears to a defence on the merits, and no opportunity fo,r a trial has ■been lost.
Van Ness, J.
I am for granting the rule for the same -reason.
Kent, Ch. J.
I am for granting the rule, under the circumstances of the case, without giving any opinion as to the practice.
2Per curiam
Take your rule, on payment of costs.
Rule granted.(a)
See Tidd's Practice, 508. 2 Stra. 975. 4 Burr. 1996. The court of K. B. will set aside…
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- Hand v. Yahoola Min. Co.U.S. Circuit Court for the District of Georgia · 1873
- M'Kinstry v. EdwardsNew York Supreme Court · 1800
- Security Bank v. National Bank of CommonwealthNew York Supreme Court · 1874
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