¶1The commissioner might have qualified’the revocation of his order enlarging the time-to plead# *449but he did not. The moment the order was annulled it ceased to have any influence, and the default was consequently regular.
¶2Motion denied.
3 Hill & Den. 448
Anonymous
Decided July 15, 1842
New York Supreme Court · decided 1842-07-15
Motion by the defendant to set aside the default and subsequent proceedings for irregularity. An order was made by a commissioner enlarging the time to plead. After the original twenty days had expired, but before the enlarged time was out, the commissioner revoked his order, and the plaintiff on the same day entered the defendant’s default for want of a plea.
Decided 1842-07-15