¶1Decision.—Ordered that the motion for leave for defendant to avail himself of the rule entered in August last, be denied, unless defendant within ten days bring into court the amount of the judgment and interest, and pay to plaintiff’s attorneys the costs of inquest and all subsequent proceedings, and take seven days notice of trial, and pay costs of opposing motion.
1 How. Pr. 7
Delehanty v. Hoffman
Decided October 15, 1844
New York Supreme Court · decided 1844-10-15
Defendant moved at June special term last, and took a rule by default setting aside the inquest taken in this cause, with costs.—August special term, plaintiff made a motion to open the default, which was granted, and the original motion of defendant to set aside the inquest was argued and granted upon payment of costs of the regular proceedings; copy rule and notice was served on defendant’s attorney previous to- 2d September, during his absence.
Decided 1844-10-15