Dole v. Young

Decided May 15, 1814

New York Supreme Court · decided 1814-05-15

FOOT, tor the defendant, moved to set aside the default, and 7 all subsequent proceedings in this cause, for irregularity, . , , , , . _ The capias ad, respondendum was returned m January term, ****^, with the defendant’s appearance endorsed thereon, The declaration, which was for a libel, was filed the 21st An-gust, 1813, and the default of the defendant, for not pleading, was entered on the 11th September following, and an interlocutory judgment the 22d October last, on…

Cited by 1 later decisions — most recently July 1856

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1814-05-15

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Per Curiam.

¶1We have not adopted the rule of the English court of K. B. that the plaintiff is out of court if he does' not *91declare in one year after the defendant's appearance. But, there being no attorney employed in this case, the copy of the declaration and notice of the rule to plead, ought to have been served oii the defendant personally, or by leaving them at his usua place of abode. The proceedings must, therefore, be set aside

¶2Rule granted, (a)

¶3 See S. P. Cheetham v. Lewis, (5 Caines' Rep. 256.)