Campbell v. Self

New York Supreme Court

Campbell v. Self

2 How. Pr. 35

DecidedDecember 15, 1845

StatusPublished

This text of 2 How. Pr. 35 (Campbell v. Self) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Campbell v. Self, 2 How. Pr. 35 (N.Y. Super. Ct. 1845).

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Opinion

It was insisted by defendant’s counsel that the default was entered too soon ; that the defendant’s affidavit of the time of the service of the declaration should govern, in preference to the deputy sheriff’s certificate.

Jewett, Justice.

Held, that the default was irregular; that the affidavit of defendant must control as to the time of service. If the deputy sheriff ha'd made an affidavit of the time of service, it would have been a conclusive answer to defendants.

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It was insisted by defendant’s counsel that the default was entered too soon ; that the defendant’s affidavit of the time of the service of the declaration should govern, in preference to the deputy sheriff’s certificate.

Jewett, Justice.

Held, that the default was irregular; that the affidavit of defendant must control as to the time of service. If the deputy sheriff ha'd made an affidavit of the time of service, it would have been a conclusive answer to defendants.

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Bluebook (online)

2 How. Pr. 35, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campbell-v-self-nysupct-1845.