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11 N.Y. 178

Douw v. Rice

New York Supreme Court

Decided April 15, 1834

New York Supreme Court · decided 1834-04-15

This suit was commenced by the filing and service of a declaration. The notice endorsed on the declaration served, required the defendant to take notice of a rule to plead within days. The defendant did not put in a plea, and the plaintiff entered his default, which was now moved to be set aside as irregularly entered.

Decided 1834-04-15

¶1By the Court,

Savage, Ch. J.

¶2Take notice of a rule to plead would be a good notice endorsed on a declaration served on an attorney, and surely the service of a declaration, with a notice like that endorsed in this case on a party, was enough to put him on inquiry. There is no complaint that the defendant *has been misled ; and it is manifest, therefore, that this is an attempt to take advantage of a mere inadvertence. The motion is denied with costs.

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