Executors of Doolittle v. Executors of Ward

New York Supreme Court

Executors of Doolittle v. Executors of Ward

5 Johns. 359

DecidedFebruary 15, 1810

StatusPublished

This text of 5 Johns. 359 (Executors of Doolittle v. Executors of Ward) 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

Executors of Doolittle v. Executors of Ward, 5 Johns. 359 (N.Y. Super. Ct. 1810).

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Opinion

Per Curiam.

The affidavit of the service of the copy of the declaration and notice of a rule to plead, on which a default is entered, must be positive and sufficient, at the time when the default is entered ; it cannot be supplied by a subsequent knowledge of the fact of its having been received. The belief of the defendants’ attorney, in this case, was founded altogether on his knowledge of the course of the mail. The rule must be granted.

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Per Curiam.

The affidavit of the service of the copy of the declaration and notice of a rule to plead, on which a default is entered, must be positive and sufficient, at the time when the default is entered ; it cannot be supplied by a subsequent knowledge of the fact of its having been received. The belief of the defendants’ attorney, in this case, was founded altogether on his knowledge of the course of the mail. The rule must be granted.

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Bluebook (online)

5 Johns. 359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/executors-of-doolittle-v-executors-of-ward-nysupct-1810.