Gardner v. Teller

2 How. Pr. 241

Opinion

Bronson, Chief Justice.

Serving a declaration with notice to plead in ten days, instead of twenty days, was irregular. But the defendant’s attorney served a notice of retainer generally, which is an appearance where no bail is required. {Buie 26.) And an appearance is a waiver of irregularities in the process to bring the party into court. (7 Cow. 366; 7 John. 207). The declaration and notice are in the nature of process- Motion denied, with $7 costs.