New York Supreme Court, 1834

Chace v. Benham

Chace v. Benham
New York Supreme Court · Decided August 7, 1834 · Nelson
12 Wend. 200
Chace v. Benham

Opinion of the Court

By the Court,

Nelson, J.

The objection cannot prevail in this case ; the defendant, who has suffered a default, has no interest in this motion ; he cannot call witnesses on the trial, and therefore the convenience of his witnesses cannot be urged as an objection to the motion; all he can do is to cross-examine the plaintiff’s witnesses.

Motion granted.

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