1 Hall 54
The Superior Court of New York City
Decided August 15, 1828
The Superior Court of New York City · decided 1828-08-15
Mr. C. Walker, for the defendant moved to set aside a default upon a special affidavit, but, which contained no averment of merits. The suit was an action on several promissory notes, and the declaration contained special counts on the several notes, together with the usual common counts. The defendant pleaded specially to the counts on the notes, but omitted the general issue entirely.
Decided 1828-08-15
¶1The default was regularly entered, and the motion to set it aside must be denied. As the defendant, however may have a defence, the default may be set aside upon the defendant’s paying costs to the plaintiffs, and filing an affidavit of merits, instanter.
¶2[A. Dey, atty for plffs. C. Walker, atty for deft.]