Cagger v. Gardner

The defendant has no merits; but moves on the sole ground of irregularity. In such cases, the rule is, that the party must move at the first opportunity, or he will be too late. Here the defendant’s attorneys knew of the irregularity on the 11th of February— three full weeks before the March special term, at which time he should have moved.

Decision.—Motion denied, with $7 costs of opposing.