Francis & Eames v. Sitts

New York Supreme Court

Francis & Eames v. Sitts

2 Hill & Den. 362

DecidedJanuary 15, 1842

StatusPublished

This text of 2 Hill & Den. 362 (Francis & Eames v. Sitts) 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

Francis & Eames v. Sitts, 2 Hill & Den. 362 (N.Y. Super. Ct. 1842).

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Opinion

By the Court,

Cowen, J.

The admission of service goes only to the mode; and ought not to avail as a waiver of irregularity in the time of declaring.

But the answer derived from the notice of retainer is conclusive. Such a notice has, by rule 26, the effect of an appearance the same as if the defendant had actually entered an appearance with the clerk. This may be done as well before, as after the return day of the writ

Motion denied.

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By the Court,

Cowen, J.

The admission of service goes only to the mode; and ought not to avail as a waiver of irregularity in the time of declaring.

But the answer derived from the notice of retainer is conclusive. Such a notice has, by rule 26, the effect of an appearance the same as if the defendant had actually entered an appearance with the clerk. This may be done as well before, as after the return day of the writ

Motion denied.

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Bluebook (online)

2 Hill & Den. 362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/francis-eames-v-sitts-nysupct-1842.