Boyd & Phelps v. Seely

2 Wend. 242

Opinion

By the Court, Sutherland, J.

It was irregular to enter a rule for interlocutory judgment until four days in term had intervened after the entry of the default. (8th Rule of April term, 1796.) Besides, there could not have been notice of assessment in this ease, which, and notice of inquiry, cannot be given until after default, though it may be given previous to the entry of rule for interlocutory judgment. (2 Caines, 109. 12 Johns. R. 151.)

Motion granted.