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2 Edm. Sel. Cas. 21

Dickerson v. Beardsley

New York Supreme Court

Decided September 15, 1848

New York Supreme Court · decided 1848-09-15

After service of the copy of complaint in this action, and before the defendants’ time to answer expired, and before any answer had been put in, the plaintiff served an amended complaint. At the expiration of the period of twenty days from the time of the service of the first copy of the complaint, the defendants not having put in any answer, the plaintiff signed judgment; amotion was now made to set that judgment aside.

Decided 1848-09-15

Edmonds, J.:

¶1In this case the complaint was amended after service, and before the expiration of twenty days from *23the time the amended complaint was served, the plaintiff signed judgment. I think the defendant had twenty days after service of the amended complaint to answer or demur thereto, and that the judgment entered by default, at the expiration of the twenty days from the service of the first, complaint, and before the expiration of the twenty days from the service of the amended complaint, was irregular, and must be set aside for irregularity, being signed too soon.

¶2Order to set aside judgment.

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