Chatham Bank v. Van Veghten

5 Duer 628

Opinion

Bosworth, J.,

so held, on the 29th of December, 1855. The defendant retained the copy of a complaint twelve days without objection, and then moved to set it aside, because it was not folioed. Held, that the proper course was to refuse to receive it because it did not conform to the 41st rule, and that accepting and retaining it twelve days without objection, waived the defect.