Ford v. Cornish

Decided January 15, 1875

District of Columbia Court of Appeals · decided 1875-01-15

This is an appeal from an order overruling a motion made at the circuit to set aside a judgment entered in this cause under the 75th common-law rule of tlie court. The declaration sets up an order accepted by the defendant in the words and figures following: “Washington, D. 0., “ February 12,1873. “G. G. Cornish: “Sir: Please pay Messrs.

Decided 1875-01-15

By the court:

¶1We are of the opinion that the verification of the declaration is in compliance with the rule referred to, but that the plea is not.

¶2The latter only sets up a vague and general denial, and fails to show the particulars of the defense relied upon. We also lay stress upon the fact that defendant’s attorney seems to have been in court when the motion -tf-as presented for judgment, and interposed no objection.

¶3The order appealed from must be affirmed.

Olin, J.,

¶4was of opinion that the motion to vacate the judgment ought to have been made at the same term it was entered, and that it could not be entertained at any subsequent term of the court below.