¶1This motion is grounded on mere irregularity. The Plaintiff’s proceedings were stayed, not superseded, until the motion was made, which being denied, the Plaintiff was restored to the position he occupied at the time of the stay served. The Defendant by the decision of his former motion is shown not to have been entitled to the stay he then procured, and was not entitled to be rewarded by the delay which a new notice would require. Denied with costs.
3 How. Pr. 126
Purdy v. Green
Decided October 27, 1847
New York Supreme Court · decided 1847-10-27
Defendant’s default in suit on promissory note having been taken; Plaintiff’s attorney gave notice of assessment of damages by the clerk of Westchester on the 25th August.
Decided 1847-10-27