Chace v. Benham

12 Wend. 200

Opinion

By the Court,

Nelson, J.

The objection cannot prevail in this case ; the defendant, who has suffered a default, has no interest in this motion ; he cannot call witnesses on the trial, and therefore the convenience of his witnesses cannot be urged as an objection to the motion; all he can do is to cross-examine the plaintiff’s witnesses.

Motion granted.