2 Wend. 242
Decided February 15, 1829
New York Supreme Court · decided 1829-02-15
The default in this case was entered on the 15th November last, and on the same day damages were assessed. A motion was made to set aside the rule for interlocutory judgment, and all subsequent proceedings, the latter rule being enter-U ■, . -I , V n ed on the same day with the default,
Cited by 2 later decisions — most recently November 1889
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1829-02-15
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¶1It was irregular to enter a rule for interlocutory judgment until four days in term had intervened after the entry of the default. (8th Rule of April term, 1796.) Besides, there could not have been notice of assessment in this ease, which, and notice of inquiry, cannot be given until after default, though it may be given previous to the entry of rule for interlocutory judgment. (2 Caines, 109. 12 Johns. R. 151.)
¶2Motion granted.