Allen v. Thompson
The Superior Court of New York City
Mr. C. Walker, for the defendant moved to set aside a default upon a special affidavit, but, which contained no averment of merits. The suit was an action on several promissory notes, and the declaration contained special counts on the several notes, together with the usual common counts. The defendant pleaded specially to the counts on the notes, but omitted the general issue entirely.
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Mr. C. Walker, for the defendant moved to set aside a default upon a special affidavit, but, which contained no averment of merits. The suit was an action on several promissory notes, and the declaration contained special counts on the several notes, together with the usual common counts. The defendant pleaded specially to the counts on the notes, but omitted the general issue entirely. Whereupon the plaintiffs caused the special pleas to be stricken out as sham pleas, by applying to a Judge at Chambers, and entered a nolle prosequi as to the special counts, and a rule for a default for want…
1Per curiam
The default was regularly entered, and the motion to set it aside must be denied. As the defendant, however may have a defence, the default may be set aside upon the defendant’s paying costs to the plaintiffs, and filing an affidavit of merits, instanter.
[A. Dey, atty for plffs. C. Walker, atty for deft.]
2Cited by2 opinions
- Davis v. SolomonAppellate Terms of the Supreme Court of New York · 1899
- M'Kinstry v. EdwardsNew York Supreme Court · 1800