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1 How. Pr. 87

Maher v. Comstock

New York Supreme Court

Decided February 15, 1845

New York Supreme Court · decided 1845-02-15

Motion hy defendants to set aside default of Allen Comstock and all subsequent proceedings for irregularity.—It appears on the part of defendants that the declaration was served 19th November last on defendant A. Comstock.

Decided 1845-02-15

Nelson, Chief Justice.

¶1The service of the plea must be held bad, being served on the last day after the hour for closing the mail. The default being regular, defendants must come in, if at all, on terms.

¶2Decision.—That on payment of costs of default and subsequent proceedings, and costs of opposing motion, the cause be referred. Judgment and execution to stand as security.

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