¶1Set aside the default as irregular, saying that though the chief justice had refused to set aside the declaration, he had not decided the present question, viz.: whether the declaration was filed in such a manner that a de-' fault could be entered in the suit. He said he believed from all the papers produced, that the declaration was not filed till the 11th of December, and therefore the default was irregular. He also stated that it was irregular and improper for any officer to sign a judgment record in blank; that, if such had been the practice to any extent, it was high time that it should be stopped. °
2 How. Pr. 125
Frost v. Flint
Decided April 15, 1846
New York Supreme Court · decided 1846-04-15
Motion by defendant Flint to set aside default and subsequent proceedings. In this case a motion was made at the last special term, held in February, on behalf of Flint, to set aside the declaration served in this cause, on affidavits tending to show that the declaration was not filed until 11th of December, 1845, whereas it was served on the evening of the 10th.
Cited by 1 later decisions — most recently May 1864
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1846-04-15
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