Gilbert v. Manchester Iron Manufacturing Co.

7 Wend. 511

Opinion

By the Court,

Nelson, J.

The default is satisfactorily excused, and the defendants are entitled to have it opened, on payment of costs. [Mr. Justice Nelson intimated, that in a case like this, where a party is entitled to a preference on the calendar, the cause should regularly be moved during the first week of term, as in case of frivolous demurrers and frivolous bills of exceptions, so that the opposite party need not attend during a whole term to watch the proceedings of his adversary.]