1 How. Pr. 44
Decided December 15, 1844
New York Supreme Court · decided 1844-12-15
Motion by plaintiff to set aside judgment for costs against plaintiff for not replying to defendant’s special plea.—Plaintiff’s facts : Action on a promissory note ; plea the general isssue and statute of limitations. In June, 1844, the parties stipulate that issue should be considered as joined, and that plaintiff might put in a replication at any time before the trial. On the 7th October the defendant enters the plaintiffs’ default for not replying.
Decided 1844-12-15
¶1In consequence of the plaintiff’s attorney negociating subsequent to the stipulation, he must pay costs.
¶2Decision.—Motion granted on payment of costs of default, and of entering judgment and costs of opposing motion. Plaintiffs to have leave to reply in twenty days after service of this rule.