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3 Johns. 541

Falls v. Stickney

New York Supreme Court

Decided November 15, 1808

New York Supreme Court · decided 1808-11-15

<p>moved for judgment by default, in this cause, on the ground, that the plea which , ,, . had been put in, was a nullity.</p>

Decided 1808-11-15

Per Curiam.

¶1The plea is clearly bad, but it may have been put in,hona jide. If a plea is bad or frivolous, the plaintiff ought either to demur to it, or treat it as a nullity, and enter a default, without any application to the court, Had the plaintiff demurred, the defendant might have' obtained leave to amend. The present motion was unnecessary.

¶2Rule refused.

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