¶1Denied the motion, without costs, and with leave to defendant to plead on payment of costs of default and subsequent proceedings, and held, that the entry in the attorney’s register of the time of the service,-it being done the same' day, must control and be held conclusive that it was made on the 10th of April.
2 How. Pr. 169
Savage v. Carpenter
Decided June 15, 1846
New York Supreme Court · decided 1846-06-15
Motion by defendant to set aside appearance, default and all subsequent proceedings, for irregularity. Defendant’s papers showed that this suit was commenced by declaration, which was specially entitled of the ninth of April, 1846, and was filed April 10th, 1846. Judgment perfected against the defendant by default on the 6th May last.
Decided 1846-06-15