Webster v. Schuyler

Decided February 15, 1827

New York Supreme Court · decided 1827-02-15

The declaration, containing general counts in assump-sit, was served on the agent of the defendant’s attorney, on the 1st of November, 1826. The defendant’s attorney wrote to the plaintiff’s attorney, requesting a statement of their demand; which was furnished to the defendant ’s attorney, on the 15/A of the same November. On the 12iA of December following, the 40 days for pleading having expired, the defendant’s default for not pleading was entered.

Cited by 1 later decisions — most recently June 1861

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1827-02-15

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Curia.

¶1A voluntary bill of particulars, will not, without a stipulation to that effect, enlarge the time to plead. The plaintiffs were, therefore, regular. But, as there is an affidavit of merits, let the default be set aside, on payment of costs.

¶2Rule accordingly.