Irwin v. Deyo

Giles 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.

Motion granted.