12 Wend. 235
Decided November 20, 1834
New York Supreme Court · decided 1834-11-20
After a default for not pleading was entered, a notice of appearance was served. Two days after receiving such notice, the plaintiff entered a rule for interlocutory judgment, and had his damages assessed, without giving notice of assessment to the defendant's attorney, who now, on the ground of such omission, moved to set asside the interlocutory judgment and subsequent proceedings for irregularity.
Good law ✅— No negative treatment on recordhow we know
Decided 1834-11-20
Cited by 6 later decisions — most recently February 1922
6 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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¶1By the Court,
¶2Here was no irregularity. Had notice of appearance not been served, the plaintiff would not have been obliged to give notice of assessment; and not receiving notice of retainer until after the default was entered, he could not be required to delay his judgment by giving notice of assessment.
¶3Motion denied.