Georgia Lumber Co. v. Strong
New York Supreme Court
Motion to set aside default in not pleading, for irregularity.—Suit commenced by declaration and notice to plead, on the 24th August last.
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Motion to set aside default in not pleading, for irregularity.—Suit commenced by declaration and notice to plead, on the 24th August last. On the 25th of the same month, an order was made by Mr. Justice Selden, that the Plaintiff file security for costs, according to statute, in twenty days, &c., or show cause at this term, why the same is not done, and in the mean time, and until the sureties should justify, if excepted to, all proceedings on the part of the Plaintiff be stayed. The order was shown to, and a copy, with copy affidavit on which it was granted, and notice of the order was…
1Opinion of the Court
Welles, Justice.
It is contended on behalf of the Plaintiff, that the order of Justice Selden was not properly served, as it is not shown that it was sent by the mail, and if it was so sent, it does not appear that the postage was paid.
It is a sufficient answer that the Plaintiff’s attorney has acted upon the order. He undertook to comply with it by filing the bond, and after he received notice of exception, he undertook to justify, &c. It is too late for him to allege the irregular service of the order.
It is also contended that the order, even if properly served, does not operate as an…
2Cases cited1 opinion
- Schermerhorn v. Van ValkenburghNew York Supreme Court · 1827
3Cited by3 opinions
- Allen v. FinkAppellate Division of the Supreme Court of the State of New York · 1925
- Rogers v. RockwoodNew York Supreme Court · 1891
- Low v. GraydonNew York Supreme Court · 1862