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When a party swears to merits, the court will strongly incline to let him in, but he must be able to suggest some excuse for not having pleaded; such, perhaps, as accident or inadvertence. Here the defendant does not attempt to give any reason at all, and therefore he must take nothing by his motion.
Document Info
Citation Numbers: 1 Cole. & Cai. Cas. 125, 1 Cole. Cas. 124
Filed Date: 10/15/1800
Precedential Status: Precedential
Modified Date: 11/3/2024