Bross v. Nicholson
New York Supreme Court
Motion by defendant to set aside default for not pleading in this cause, and subsequent proceedingsfor irregularity.—Declaration was served 28th January, 1845; plea and notice served on the 8th February; and default entered on the 27th February last. On the said 27th February, E. S. Derry, defendant’s attorney, received through the mail from plaintiff’s attorney, notice of the execution of a writ of inquiry in the cause, addressed to him as defendant’s attorney.
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Motion by defendant to set aside default for not pleading in this cause, and subsequent proceedingsfor irregularity.—Declaration was served 28th January, 1845; plea and notice served on the 8th February; and default entered on the 27th February last. On the said 27th February, E. S. Derry, defendant’s attorney, received through the mail from plaintiff’s attorney, notice of the execution of a writ of inquiry in the cause, addressed to him as defendant’s attorney. Defendant’s attorney filed the plea and notice on the said 8th February, 1845, and served a copy thereof by depositing it in the…
1Opinion of the CourtBronson, Chief Justice
Denied the motion, on the ground that the, postage was not paid ; part payment did not come within the rule.
Decision.—Motion denied with costs.
2Cited by4 opinions
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