New York Supreme Court, 1846

Whitney v. Shufelt

Whitney v. Shufelt
New York Supreme Court · Decided April 15, 1846 · Bronson
2 How. Pr. 119

Counsel

J. A. Collier, defendants counsel., O. P. Schermerhorn, defendants attorney., 1ST. Hill, Jr., plaintiff's counsel., C. H. Bramhall, plaintiff's attorney.

Whitney v. Shufelt

Opinion of the Court

Bronson, Chief Justice.

There was not time to notice by mail. Plaintiff is not in default for omitting to send a special messenger or otherwise make personal service.

There may be cases where a party would be bound to make personal service, as where he asks relief from a regular default, or seeks to take advantage of a technical irregularity without merits.'

Motion denied. The question being new, no costs are allowed.

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