Jenkins v. Bloodgood

New York Supreme Court

Jenkins v. Bloodgood

22 Wend. 645

CourtNew York Supreme Court

DecidedSeptember 15, 1840

StatusPublished

Cited by1 cases

This text of 22 Wend. 645 (Jenkins v. Bloodgood) 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

Jenkins v. Bloodgood, 22 Wend. 645 (N.Y. Super. Ct. 1840).

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Opinion

By the Court,

Bronson, J.

The order to stay proceedings did" not give the defendant the same time to plead after the -motion to consolidate was decided, that he had at the time the order was served. Brown v. St. John, 19 Wendell, 617. And the 20 days for pleading having expired before the motion was made, the plaintiff was at liberty to enter the default as soon as the order to stay proceedings ceased to operate. The defendant might have- pleaded before the motion was made. The plaintiff was regular, and as there is no affidavit of merits, the default must stand.

Motion denied.

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By the Court,

Bronson, J.

The order to stay proceedings did" not give the defendant the same time to plead after the -motion to consolidate was decided, that he had at the time the order was served. Brown v. St. John, 19 Wendell, 617. And the 20 days for pleading having expired before the motion was made, the plaintiff was at liberty to enter the default as soon as the order to stay proceedings ceased to operate. The defendant might have- pleaded before the motion was made. The plaintiff was regular, and as there is no affidavit of merits, the default must stand.

Motion denied.

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Bluebook (online)

22 Wend. 645, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jenkins-v-bloodgood-nysupct-1840.

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