Butler v. King

Decided August 15, 1833

New York Supreme Court · decided 1833-08-15

The defendant’s default for not pleading having been duly entered on the 17th June, and on the 21st June notice of executing a writ of inquiry having been served, the defendant, on the 22d June, filed an affidavit of merits, offered to pay the costs of the default, and tendered a plea of the general issue to the plaintiff’s attorney, who refused to receive it, unless the defendant would accept short notice of trial for the circuit in the county where the venue was laid, to…

Cited by 1 later decisions — most recently May 1881

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1833-08-15

View the full empirical analysis of this case →

¶1By the Court,

Sutherland, J.

¶2The defendant should have accepted short notice of trial; there were seven days before the circuit when the plea was tendered, and the plaintiff’s attorney offered to stipulate that the cause should not be brought on to trial until the third or fourth day of the circuit. Even now it is not alleged that the defendant had not time to prepare for his defence. He might have had a trial on the merits, or have attended the execution of the writ of inquiry; having done neither, he is not entitled to relief. The motion is denied, with costs.