2 Cai. Cas. 45
Decided May 15, 1804
New York Supreme Court · decided 1804-05-15
Harison moved to set aside the default, interlocutory judgment, and'all subsequent proceedings, on affidavits of the defendant’s attorney and his clerk, stating notice of retainer served at the office of the opposite attorney, (which was acknowledged to-have been received by a person then iu the office of the plaintiff’s attorney, and acting either as clerk, agent or partner,) and also setting forth service of notice of special bail having been filed, an entry of which, and…
Decided 1804-05-15
¶1There is strong reason to believe that notice of retainer was duly served, and though no merits are sworn to, we cannot depart from our rules. Let the default, judgment, and all subsequent proceedings, be set aside with costs; but on condition that the defendant does not bring any action for false imprisonment.
¶2Motion granted.