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1 How. Pr. 55

Travis v. Hadden

New York Supreme Court

Decided December 15, 1844

New York Supreme Court · decided 1844-12-15

Motion by defendant for leave to amend his second and amended plea of bankrupt’s discharge, by setting out facts to show that the court had jurisdiction.—Declaration served 9th April, 1844. On the 30th April, pleas were served. On the 3d July, a demurrer to defendant’s second plea was filed, and on the 8th July served.

Decided 1844-12-15

¶1Plaintiff’s counsel insists the motion is too late, it should be denied on the ground of delay.

¶2Defendant’s counsel insists, that under the state of facts as shown by defendant, his being unaware of the decision of this court and using due diligence after he ascertained such decision, should be a sufficient excuse. 58] Decision.—Motion granted on payment of costs of default, circuit and demurrer and costs of opposing motion.

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