1 How. Pr. 230
Decided September 15, 1845
New York Supreme Court · decided 1845-09-15
Motion by Defendant Peck to set aside default and subsequent proceedings for irregularity.— The suit was brought 19th February 1845, on an acceptance, with notice that it was the sole cause of action.
Cited by 1 later decisions — most recently January 1899
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1845-09-15
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¶1There was no affidavit of merits made for the motion, accompanying the moving papers. Defendant relied upon the affidavit of merits made by the attorney, which was served with the plea.
¶2Denied the motion, on the ground that there was not proper affidavit of merits, nor any excuse shown why one was no* made by Peck the defendant. The default was regular, and he would have let in the defendant, on terms, if proper affidavit had been made.
¶3Motion denied with costs.