Anonymous

Decided October 15, 1826

New York Supreme Court · decided 1826-10-15

moved to set aside á default for want of a plea, on the ground of merits. read an affidavit shewing that, by reason of the defendant’s doubtful circumstances, the plaintiff would be in danger of losing his debt, unless the judgment was suffered to stand as security.

Cited by 2 later decisions — most recently February 1891

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1826-10-15

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Curia.

¶1Let the defendant plead and go to trial on payment of costs ; the judgment to remain as security.

¶2Collier. Do the court mean the costs of resisting the motion merely; or the costs of the default and subsequent proceedings also ?

¶3Curia. Both must be paid. The plaintiff is entitled to them as a consequence of the default; and at all events. Were this otherwise, the plaintiff would lose these costs altogether, if he should not succeed. We do not mean his obtaining them should in any way depend on the event of the suit.

¶4Rule accordingly .