New York Supreme Court, 1825

Phelps v. Bronson

Phelps v. Bronson
New York Supreme Court · Decided February 15, 1825
4 Cow. 61
Phelps v. Bronson

Opinion of the Court

Per Curiam.

There is no doubt that when a plaintiff takes his default, but inadvertently omits to file common bail, in a case proper for it, He should always be permitted to make his proceedings good by doing this nunc pro tunc. Upon such a case being presented by affidavit and notice of motion, it is a matter of course to grant a rule that it may be done.

Rule accordingly, (a)

Vid. 2 Cowen’s Rep. 43, per Sudam, Senator.

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