3 Johns. 449
Decided August 15, 1808
New York Supreme Court · decided 1808-08-15
moved to set aside ■an inquest taken by default in this cause, on an affidavit, •vvhich stated that an inquest had been taken by default, See. and that the defendant had “ a good and substantial defence in the cause.” objected, that them was not a smheient affidavit of merits. He cited Jackson, ex dem. Russel, v. Stiles, (3 Caines, 93.)
Decided 1808-08-15
¶1In the case of Jackson, ex dem Russel, v. Stiles, there were peculiar circumstances, though not fully reported, which afforded strong reason to believe that there was really no defence on the merits, and that delay was the only object of the defendant. A good and substantial defence must mean a defence on the merits.
¶2Rule granted.