7 Wend. 519
Decided April 19, 1832
New York Supreme Court · decided 1832-04-19
It was objected that notice was not given until ten days after the circuit, and that the defendant had offered nd excuse for the delay; and in support of the objection the anonymous case in 5 Wendell, 82, was relied on, where, notwithstanding the frequent recurrence of the special terms, Mr. Justice Marcy said the court would require an excuse to be shewn, if motions were not made at as early a day as with ordinary diligence they might be presented.
Decided 1832-04-19
¶1By the Court,
¶2Here is ordinary diligence. It is not required that an attorney should immediately on the adjournment of a circuit give notice of motion for judgment as in case of nonsuit, and where notice is given within 10 or 12 days after the close of the circuit, no excuse for delay is necessary.