3 Johns. 253
Decided May 15, 1808
New York Supreme Court · decided 1808-05-15
THE defendants in this cause, pleaded separately, and an inquest was taken by default against both of them at the last sittings in Neio-York. Wells, in behalf of Marschalk, now moved to set aside the inquest. He read an affidavit that the defendants had pleaded separately, and that the defendant Marschalk had a good defence on the merits.
Decided 1808-05-15
¶1On the offer of the plaintiff, to have a verdict entered for the defendant Marschalk, we see no reason for setting aside the inquest, as he, by the offer, will have the full benefit of his discharge. On condition, therefore, that the plaintiff performs his stipulation in ten days, we refuse the rule.
¶2Rule refused.