¶1The motion must be granted. The Plaintiff’s attorney should have returned the pleas immediately, or given notice that he should disregard them. Instead of doing this, he retained the pleas until he had sent direction to the clerk to enter the default. Motion granted with $10 costs. (1 Howard, 240; 2 do., 146.)
3 How. Pr. 64
Knickerbacker v. Loucks
Decided September 15, 1847
New York Supreme Court · decided 1847-09-15
Motion by Defendant to set aside default and subsequent proceedings for irregularity.—Declaration was served on the 18th of May, 1847; on the Sd of June, Defendant’s attorney sent pleas and affidavit by mail to Plaintiff’s attorney, with a notice of retainer; on the afternoon of the 9th of June, the Plaintiff’s, attorney returned the pleas, &c., to Defendant’s attorney, on the ground of a defect in the affidavit.
Decided 1847-09-15