1 How. Pr. 142
Decided April 15, 1845
New York Supreme Court · decided 1845-04-15
Motion hy defendant to set aside judgment for irregularity.—Action brought against Peter Comstock as maker, and defendant as endorser, of a promissory note ; Gardner the defendant only, was served with a declaration.
Cited by 1 later decisions — most recently May 1881
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1845-04-15
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¶1The defendant has no merits; but moves on the sole ground of irregularity. In such cases, the rule is, that the party must move at the first opportunity, or he will be too late. Here the defendant’s attorneys knew of the irregularity on the 11th of February— three full weeks before the March special term, at which time he should have moved.
¶2Decision.—Motion denied, with $7 costs of opposing.