¶2Where a party hasput in a plea, and asks leave to withdraw it for the purpose of pleading anew, or to add a new plea, the court impose a condition like that asked for here, but not in a case like this of an ordinary application to set aside a default. The default here is excused, and the defendant has leave to plead upon the usual terms.
10 Wend. 595
Gourlay v. Hutton
Decided December 15, 1833
New York Supreme Court · decided 1833-12-15
• On a motion by the defendant to set aside a default and to be let in to plead, the plaintiff read an affidavit on the strength of which he prayed that the defendant, if let in to plead, should be restricted from pleading the statute of limitations.
Good law ✅— No negative treatment on recordhow we know
Decided 1833-12-15
How this case has been cited
Cited by 10 later decisions — most recently April 1964
10 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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