Tallmadge v. Stockholm
New York Supreme Court
THIS was an action for a libel. After the declaration and rule to plead had been served, the defendants obtained an order , * for enlarging the time of pleading to the 20th of September ® ° i o i ^asU and no plea having been put within the time limited by the order, the plaintiff entered the default of the defendants, for want of a plea.
1Per curiam
We have, from time to time, gradually the practice, as to setting aside a default for want of a plea; we have now come to the general rule, that a default for want of a plea, though regularly entered, will be set aside, in every case, on the payment of costs, where there is an of merits, and no trial has been lost. The payment of costs is a sufficient penalty on the defendant for neglecting to plead. We grant the motion, therefore, on payment of costs.
Rule granted. (a)
Vide Davenport v. Ferris, 6 Johns. Rep. 131. Tidd's Pr. 508.
2Cited by4 opinions
- Griswold Linseed Oil Co. v. LeeSouth Dakota Supreme Court · 1891
- Hand v. Yahoola Min. Co.U.S. Circuit Court for the District of Georgia · 1873
- Quinn v. CaseNew York Court of Common Pleas · 1859
- Security Bank v. National Bank of the CommonwealthNew York Supreme Court · 1874