Gaffney v. Bigelow
New York Supreme Court
Motion to set aside judgment as being irregularly entered after the service of a demurrer by mail.
1Opinion of the CourtMerwin, J.
The defendant’s attorneys in this case, reside at Syracuse and the plaintiffs’ attorney at Utica. On the last day for answering the complaint, the defendant’s attorneys deposited in the post-office at Syracuse, a demurrer properly enveloped and directed to the plaintiffs’ attorney at Utica. Upon the face of the envelope there was printed the following : “If not called for in five days, return to Ruger, Wallace & Jenney, attorneys, &c., Syracuse, E. Y.” Upon the following day, this was received by the plaintiffs’ attorney by mail, and he on the same day returned it with a notice that *476he…
2Cases cited3 opinions
- Clifton v. United StatesSupreme Court of the United States · 1846
- Bradford v. President of the Union Bank of TennesseeSupreme Court of the United States · 1852
- Corning v. GillmanNew York Court of Chancery · 1846