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17 Johns. 1

Brown v. Childs

New York Supreme Court

Decided August 15, 1819

New York Supreme Court · decided 1819-08-15

moved to set aside the default entered in this cause and all subsequent proceedings, on the ground of irregularity. The suit was commenced by a capias ed rcsj).

Decided 1819-08-15

*Per Curiam.

¶1When an attorney is sued by writ, he is entitled to personal service of all notices, &c. in the same *8manner as if he was sued by bill. We see no reason for any distinction in this respect. We should grant the motion, if a term had not intervened since the default was entered. The application on the part of the defendant ought to have been made at the last term, and we must, therefore, deny the motion.

¶2Motion denied.

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