Gourlay v. Hutton

10 Wend. 595

Opinion

By the Court,

Sutherland, J.

Where a party hasput in a plea, and asks leave to withdraw it for the purpose of pleading anew, or to add a new plea, the court impose a condition like that asked for here, but not in a case like this of an ordinary application to set aside a default. The default here is excused, and the defendant has leave to plead upon the usual terms.