Platt v. Torrey
New York Supreme Court
Motion to set aside a default. Platt served Torrey with a notice under the statute to compel the determination of claims to real property, (2 JR. S. 312.) The notice was served on the 29th January, 1836; a rule to appear and plead was entered the next day. Torrey employed an attorney, who served notice of retainer on the 24th of February.
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Motion to set aside a default. Platt served Torrey with a notice under the statute to compel the determination of claims to real property, (2 JR. S. 312.) The notice was served on the 29th January, 1836; a rule to appear and plead was entered the next day. Torrey employed an attorney, who served notice of retainer on the 24th of February. On the 12th April his default for not pleading was entered, and at May term Platt perfected a judgment that Torrey be forever barred from all claim to the land. Torrey swears to merits; and an excuse for not pleading in time and for not making the motion at…
1Opinion of the Court
By the Court,
Bronson, J.
[573] A preliminary objection is made to the motion, that the court cannot grant relief after a judgment has been perfected under this statute ; and the counsel refer to Williams v. Cox, (6 Wendell, 519.) The question was not necessarily presented in that case, and the chief justice evidently did not intend to decide it. I think the court has the same power over this judgment that it has over any other; and that it may be set aside for irreguiarity, or on the ground of merits, where the ends of justice require such a course. This statute authorized a proceeding unknown…
2Cases cited2 opinions
- Pitcher v. ClarkNew York Supreme Court · 1829
- Williams v. CoxNew York Supreme Court · 1831