¶1Serving a declaration with notice to plead in ten days, instead of twenty days, was irregular. But the defendant’s attorney served a notice of retainer generally, which is an appearance where no bail is required. {Buie 26.) And an appearance is a waiver of irregularities in the process to bring the party into court. (7 Cow. 366; 7 John. 207). The declaration and notice are in the nature of process- Motion denied, with $7 costs.
2 How. Pr. 241
Gardner v. Teller
Decided September 15, 1846
New York Supreme Court · decided 1846-09-15
Motion by defendant to set aside declaration and notice, for irregularity.
Cited by 1 later decisions — most recently April 1867
1 state decisions
Relies on Pixley v. Winchell
Good law ✅— No negative treatment on recordhow we know
Decided 1846-09-15
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