Langbein v. Gross

14 Abb. Pr. 412, 46 How. Pr. 50

Opinion

Daly (J. F.), J.

Held that section 416 of the Code required parties to file pleadings without notice, yet, in this case, notice to file had been given as a matter of courtesy, and the pleading not having been filed, and the adverse party being obliged to draw and' present an affidavit in proof of the omission, and to obtain an order to compel the filing, it was proper to insert ten dollars costs in the order for the trouble the party had been put to, and therefore denied the motion.