Brown v. Briggs
New York Supreme Court
Motion by defendant to set aside default and subsequent proceedings,for irregularity.— Declaration was served on defendant on the 27th of February last.
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Motion by defendant to set aside default and subsequent proceedings,for irregularity.— Declaration was served on defendant on the 27th of February last. Defendant interposed a special demurrer to the declaration, and served a copy thereof on plaintiff’s attorney, by enclosing the same in an envelope, and directing it to William D. Craft, Esq., plaintiff’s attorney, at the city of New York; paying the postage thereon, and mailing the same at the post-office in the town of White-Plains, on the 18th March last, being within twenty days from the time of service of said declaration. On the 20th of…
1Opinion of the Court
Bronson, Chief Justice.
The plaintiff’s attorney supposed he must have received the demurrer within the twenty days, in order to have the service good : in that he was mistaken. The demurrer having been properly served, the default must be set aside. Motion granted with costs.
2Cited by6 opinions
- Hurley v. . OlcottNew York Court of Appeals · 1910
- McCoy v. State Employment BureauOhio Court of Appeals · 1947
- Schroedel Corp. v. State Highway CommissionWisconsin Supreme Court · 1968
- Boeck v. State Highway CommissionWisconsin Supreme Court · 1967
- In re the Arbitration between Knickerbocker Insurance & GilbertAppellate Division of the Supreme Court of the State of New York · 1970
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