Williams v. Cox
New York Supreme Court
_ Motion to open a default. On the 7th July, 1830, a notice was served by Cox on Williams, under the act to compel the determination of claims to real property, 2 R. L. 312, § 1, et seq. requiring him to assert his claim in the manner provided by law, a rule to appear and plead was entered, and on the 22d October his default was duly entered. About the middle of December, Williams was informed by Cox that such proceedings had been had that he was barred of his ■claim.
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_ Motion to open a default. On the 7th July, 1830, a notice was served by Cox on Williams, under the act to compel the determination of claims to real property, 2 R. L. 312, § 1, et seq. requiring him to assert his claim in the manner provided by law, a rule to appear and plead was entered, and on the 22d October his default was duly entered. About the middle of December, Williams was informed by Cox that such proceedings had been had that he was barred of his ■claim. Williams now on an affidavit of title, and that he had rested easy under the advice of counsel that no further proceedings…
1Opinion of the Court
*520 By the Court,
Savage, Ch. J.
Had a judgment been entered against Williams, I am not prepared to say but the effect of the proceeding would have been such as is contended for by the counsel of Cox; but.judgment has not been entered, the party has proceeded no further than the entry of a default, and the court therefore, in the exercise of their discretion, may grant relief. The proceeding is novel, and the party under the advice of counsel was misled. We therefore grant the motion on payment of costs.
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