¶1The plaintiff’s attorney supposed he must have received the demurrer within the twenty days, in order to have the service good : in that he was mistaken. The demurrer having been properly served, the default must be set aside. Motion granted with costs.
1 How. Pr. 152
Brown v. Briggs
Decided April 15, 1845
New York Supreme Court · decided 1845-04-15
Motion by defendant to set aside default and subsequent proceedings,for irregularity.— Declaration was served on defendant on the 27th of February last.
Cited by 2 later decisions — most recently July 1970
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1845-04-15
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