7 Cow. 153
Decided May 15, 1827
New York Supreme Court · decided 1827-05-15
THE plaintiff's attorney being under a rule to declare, delivered a copy of the declaration to the defendant's attor~ uey; but put no declaration on ifie with any one of the clerks of this court. The defendant's attorney, therefore, disregarded the proceeding, and entered the plaintiff's default for want of a declaration. A motion was now made to set the default aside.
Decided 1827-05-15
¶1Giles v. Caines, 3 Caines, 107, gives countenance to the practice on the part of the defendant. But the rule supposed to be implied by that case, was exploded by Smith v. Wells, (6 John 286.) The party must be governed by the copies delivered. If the other party desire the pleading should be filed, we will compel this to be done at any time nunc pro tunc. The motion must be granted.
¶2Motion granted.