Citation Numbers: 25 Wend. 699
Filed Date: 9/15/1841
Status: Precedential
Modified Date: 10/19/2024
Motion to set aside a default for not pleading. The defendants served a plea and a copy of the affidavit of merits, required by the practice of the court, instead of the original affidavit. The plaintiff treated the plea as a nullity, and entered the defendants’ default as for the want of a plea. The chief justice set aside the default as irregularly entered, holding, that the plea should have been returned and the defect stated.
Motion granted.