60 How. Pr. 103
Decided September 15, 1880
New York Supreme Court · decided 1880-09-15
This was a motion by plaintiff for judgment in a foreclosure suit based upon an affidavit of regularity under Rule 63, where all the parties were in default except an infant who had appeared by guardian and interposed an answer wherein, among other things, it was alleged as follows: “And said defendant, by his guardian, further shows and alleges on information and belief that the original mortgage mentioned in the complaint herein, and bearing date December 18,1867, was…
Decided 1880-09-15
¶1The third defense contained in the answer of Trinnie by his guardian ad Utem raises a material issue, namely, the amount unpaid upon the mortgage held by the plaintiff. This motion, therefore, being based solely upon Buie 63, must be denied.
¶2The motion is denied, with ten dollars costs.