McCartney v. Betts

New York Supreme Court

McCartney v. Betts

1 How. Pr. 73

DecidedFebruary 15, 1845

StatusPublished

This text of 1 How. Pr. 73 (McCartney v. Betts) 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

McCartney v. Betts, 1 How. Pr. 73 (N.Y. Super. Ct. 1845).

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Opinion

Beardsley, Justice.

If service of copy affidavit w7as not sufficient, then the default was regular, and defendant must be let in on terms, the judgment standing as security. The original affidavit should have been served, a copy was not a compliance with the rule (22 Wend., 644, note; Laws 1840, p. 333, §7 ; 25 Wend., 699). On payment of the costs of entering the default and all subsequent proceedings, including the costs of opposing this motion, the defendant may be let in to plead, the judgment standing as security.

Rule accordingly.

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Beardsley, Justice.

If service of copy affidavit w7as not sufficient, then the default was regular, and defendant must be let in on terms, the judgment standing as security. The original affidavit should have been served, a copy was not a compliance with the rule (22 Wend., 644, note; Laws 1840, p. 333, §7 ; 25 Wend., 699). On payment of the costs of entering the default and all subsequent proceedings, including the costs of opposing this motion, the defendant may be let in to plead, the judgment standing as security.

Rule accordingly.

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Bluebook (online)

1 How. Pr. 73, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccartney-v-betts-nysupct-1845.

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