Giles v. Caines

3 Cai. Cas. 107, 1 Cole. & Cai. Cas. 463
New York Supreme Court·Decided May 15, 1805·Published·Cited by 2 cases

Opinion

Per curiam.

The omission of filing the plea, not being known when issue was joined, or the cause noticed, cannot be cured by those acts. The principle therefore of Shephard ads. Case, applies. Though there is a strong affidavit of merits, we can relieve only on terms; those must be payment of costs, and filing the plea instanter.

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Giles v. Caines, 3 Cai. Cas. 107, 1 Cole. & Cai. Cas. 463 (N.Y. Super. Ct. 1805).

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