1 How. Pr. 41
Decided December 15, 1844
New York Supreme Court · decided 1844-12-15
Motion by defendant to set aside default, taken against him at the October (general) term.—The declaration in this cause is on a judgment against defendant, obtained in the state of Pennsylvania, and usual money counts and count on account stated, added. Defendant pleaded general issue, nul tie! record and four special pleas. Plaintiff replied, and joined issue to' two pleas, and demurred and assigned causes of de44] murrer to the other two.
Decided 1844-12-15
¶1Plaintiff ought to have noticed the pleas as frivolous. The judge also made a similar remark, as in the case of Barker vs. McBride, and hoped counsel would understand that it would be necessary to be ready at the commencement of the term, when the court was held at Rochester.
¶2Lecision.—Motion granted on payment of costs of default, and subsequent proceedings and costs of opposing motion.