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2 How. Pr. 86

Turner v. Davis

New York Supreme Court

Decided February 15, 1846

New York Supreme Court · decided 1846-02-15

Motion by defendant to set aside default, &c., for irregularity. This was an action of ejectment, brought to recover possession of a farm in Saratoga county, which the defendant claimed in fee. The authority to commence the suit, nor a copy thereof, of C. Stevens, plaintiffs’ attorney, was served on the defendant.

Decided 1846-02-15

Bronson, Chief Justice.

¶1Plaintiffs’ attorney was right in disregarding the order to produce authority; the order should have stated some place where authority should be produced; it should have been before the officer at his office or some other place.

¶2The defendant may be let in on terms. Motion granted, on payment of costs of default and subsequent proceedings, and $7 costs of opposing motion. One other cause, between the same plaintiffs and a different defendant, decided the same.

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