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1 Cole. & Cai. Cas. 52

Winter v. Carter

New York Supreme Court

Decided January 15, 1798

New York Supreme Court · decided 1798-01-15

THIS was an action on bail-bond. The defendant pleaded comperuit ad diem ; plaintiff replied nut tiel record; and issue being taken thereon, day was given, by rule entered in vacation, to produce the record on the first day of this term. And now, on this day, being the quarto die post,

Decided 1798-01-15

¶1*53The court expressed some doubt whether this was to be considered as a common rule, within the intent of the first general rule of April term, 1796, and took time to consider of it till the succeeding Monday, when they ordered judgment for default of record.

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