Johnston v. Robins
New York Supreme Court
moved to set aside the default entered for not pleading, in this causey and all subsequent proceedings, for irregularity.
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moved to set aside the default entered for not pleading, in this causey and all subsequent proceedings, for irregularity. From the affidavits which were read, it appeared, that on the 17th May last, a copy of the declaration, with a notice qf the rule to plead, was served on the defendant, by delivering the same to a young man at the house of the defendant, in his absence, who said he was a clerk of the defendant, and lived in the house, and that he expected the defendant home soon, and that he would deliver the papers to him as soon as he returned. On the 1st day of June, the defendant’s…
1Per curiam
It was decided in the case of Jackson, ex dem. Griffiths, (4 Term Rep. 465.) that in every case of the service of a notice, leaving it at the dw.elling-house of the party, was to be considered as a personal service, for every purpose, except to bring the party into contempt. We consider the declaration as having been personally served on the defendant, on the lpth May, and that the defendant was bound to plead in 20 days thereafter. The default was, therefore, regularly entered; and the affidavits do not disclose equitable grounds sufficient to induce the court to interfere and set aside the…
2Cited by7 opinions
- Summers v. SmithIllinois Supreme Court · 1889
- Earnshaw v. United StatesSupreme Court of the United States · 1892
- Journey v. DickersonSupreme Court of Iowa · 1866
- Hodgens v. Columbia Trust Co.New York Supreme Court · 1918
- Walker v. HughesDistrict Court, S.D. New York · 1904
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