New York Supreme Court, 1841

Wirts v. Norton

Wirts v. Norton
New York Supreme Court · Decided September 15, 1841
25 Wend. 699
Wirts v. Norton

Opinion of the Court

Motion to set aside a default for not pleading. The defendants served a plea and a copy of the affidavit of merits, required by the practice of the court, instead of the original affidavit. The plaintiff treated the plea as a nullity, and entered the defendants’ default as for the want of a plea. The chief justice set aside the default as irregularly entered, holding, that the plea should have been returned and the defect stated.

Motion granted.

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