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Nelson, Ch. J. Then the case is misunderstood. The judgment cannot be set aside on the ground taken, nor will leave be given to serve affidavits, unless you show an excuse for not having served them within four days from the actual signing of the report.
(a) No excuse being offered, the motion was denied.
See Hendricks v. Bloodgood, (18 Wend. 670;) Clark v. Clark, (12 id. 239;) Grab. Pr. 576, 2d ed.
Document Info
Judges: Nelson
Filed Date: 1/15/1842
Precedential Status: Precedential
Modified Date: 10/19/2024