1 How. Pr. 49
Decided December 15, 1844
New York Supreme Court · decided 1844-12-15
Motion by Defendant to set aside default and subsequent proceedings for irregularity.—Declaration in covenant, served on defendant 28th September, 1844. On the 18th October, defendant’s attorney mailed pleas and notice of retainer to plaintiff’s attorney and paid postage. On the 19 th October they were received by plaintiff’s attorney.
Decided 1844-12-15
¶1The pleas were not returned because they were not verified, but because they were not served in time. That was a mistake, and the plaintiff is irregular.
¶2Decision.—Ordered that the default and subsequent proceedings on the part of plaintiff be set aside for irregularity, with $10 costs, to be paid by the plaintiff; and that the defendant have twenty days'to plead.