5 Wend. 84
Decided August 5, 1830
New York Supreme Court · decided 1830-08-05
Motion to set aside proceedings for irregularity. This is an action of ejectment to recover dower in pursuance of the provisions of the revised statutes, 2 R. S. 303, 4. The notice subjoined to the declaration stated that the declaration would be filed on the 24th May, which was the twenty second day of term. The default of the defendant was entered on Monday the 14th June.
Good law ✅— No negative treatment on recordhow we know
Decided 1830-08-05
Cited by 6 later decisions — most recently July 1912
6 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1By the Court,
¶2The declaration in this case is in the nature of process, but is not process within the meaning of the statute referred to, requiring process to be made returnable within the two first weeks of term ; the statute speaks of the issuing teste and return of process, which language is applicable only to writs. The default, however, was prematurely entered, and the motion is therefore granted.