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2 Hall 348

Barrow v. Sabbaton

The Superior Court of New York City

Decided October 15, 1829

The Superior Court of New York City · decided 1829-10-15

<p>Double pleas must be signed by counsel,—and if a default be entered against a defendant, who has served double pleas, without the signature of counsel^ the court will not set it aside, except upon an affidavit of merits.</p>

Decided 1829-10-15

Per Curiam.

¶1By the practice of the Supreme Court, double pleas must be signed by counsel, and those filed by the defendant, are irregular for the want of such signature. The court, in the exercise of its discretion, may, however, set such defaults aside, and will generally do so upon proper cause shown. If these pleas are interposed for delay merely, they are not entitled to favor, and that they are so, the court are compelled to infer, from the fact, that the defendant’s counsel refuses to accept the terms proffered by the plaintiff, and file an affidavit of merits. If he is not willing to give this test of the sincerity of his defence, the court will not interpose to correct an irregularity, for his benefit.

¶2Motion denied, with costs.

¶3[E. Curtis, Att'y for the plff. W. Mulock, Att'y for the deft.]

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