New York Supreme Court, 1833

Gourlay v. Hutton

Gourlay v. Hutton
New York Supreme Court · Decided December 15, 1833 · Sutherland
10 Wend. 595
Gourlay v. Hutton

Opinion of the Court

*596 By the Court,

Sutherland, J.

Where a party hasput in a plea, and asks leave to withdraw it for the purpose of pleading anew, or to add a new plea, the court impose a condition like that asked for here, but not in a case like this of an ordinary application to set aside a default. The default here is excused, and the defendant has leave to plead upon the usual terms.

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