1 How. Pr. 53
Decided December 15, 1844
New York Supreme Court · decided 1844-12-15
Motion by defendant to set aside default for not pleading, and all subsequent proceedings on terms.—It appears from defendant’s papers that his excuse for not pleading to the declaration, after service upon him, was, that he was unacquainted with such business, and supposed a suit must be commenced by service of process by a sheriff. He swears that the suit is commenced on an open account which has been running some time between him and plaintiffs.
Decided 1844-12-15
¶1*54Default opened, on the ground that there being an open running account and disputed items, it would he well to let a jury pass upon it after hearing the defence.
¶2Decision.—Motion granted on payment of costs of default and subsequent proceedings, and seven dollars costs of opposing motion, judgment to stand as security.