¶1Appearance is a waiver of irregularity in process to bring the defendant into court. And besides, the notice of motion does not sufficiently point to the setting aside of any thing prior *to the declaration: that has been amended since notice of this motion was given, and now all is right. Ordered, that the' motion be denied on payment of $10 costs of the same by the plaintiff, which she'is hereby directed to pay.
2 How. Pr. 242
Hill v. Smith
Decided September 15, 1846
New York Supreme Court · decided 1846-09-15
Motion by defendant to set aside declaration, together with such other proceedings in this cause as to the court should seem proper. It appeared from the moving papers that this was an action of replevin. (Copies of the writs of replevin were annexed.) That the writ was served before *the return day thereof, and the property named therein delivered to the plaintiff, or some one in her behalf.
Cited by 1 later decisions — most recently May 1930
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1846-09-15
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