¶1The surrejoinder was not re-, ceived, and as the proof of service by mail is not in strict conformity to the rule, I think the plaintiffs must pay costs. Ordered, that the plaintiffs’ default for not surrejoining and all subsequent proceedings on the part of the defendant be set aside, and that the plaintiffs have leave to surrejoin, on payment of the costs of the default and subsequent proceedings, including seven dollars costs of opposing this motion.
2 How. Pr. 238
Follet v. Sherman
Decided September 15, 1846
New York Supreme Court · decided 1846-09-15
Motion by plaintiffs to set aside default for not surrejoining, and all subsequent proceedings, for irregularity. It appeared from plaintiffs’ papers that this was an action ■ of assumpsit commenced by capias ad respondendum on a promissory note. The writ served April 16, 1845. The declaration contained the common money counts, and other common counts in assumpsit.
Decided 1846-09-15