Watkins v. Stevens
New York Supreme Court
Motion by Defendant to set aside default and all subsequent proceedings.—It appeared from the affidavit of the Defendant, that he resided in Livingston county, and that a copy declaration in this cause, (in an action of assumpsit,) was served on him on the 5th of October, 1846, that within six or eight days thereafter, he retained Ms attorney to defend the suit, who also resided in Livingston county; about four or five days afterwards, his attorney called upon him, and…
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Motion by Defendant to set aside default and all subsequent proceedings.—It appeared from the affidavit of the Defendant, that he resided in Livingston county, and that a copy declaration in this cause, (in an action of assumpsit,) was served on him on the 5th of October, 1846, that within six or eight days thereafter, he retained Ms attorney to defend the suit, who also resided in Livingston county; about four or five days afterwards, his attorney called upon him, and enquired where Plaintiffs’ attorney resided, to wMch he replied he did not know, and could give no information on the…
1Opinion of the CourtBeardsley, Justice
Granted the motion, (no costs to either party,) on the ground that the Plaintiffs’ attorney should have endorsed his residence on the narr served, he was irregular in that respect, but did not think the Defendant had used due diligence in ascertaining the residence ; therefore no costs were allowed.
2Cited by1 opinion
- Gribbon v. . FreelNew York Court of Appeals · 1883