Nichols v. Nichols

10 Wend. 560

Opinion

The objection to the notice was held by Mr. Justice Sutherland to be well taken; but it appearing that the judgment was entered on 10th May, and two special terms having since elapsed, he refused to. grant the motion, saying that as this was an attempt to deprive the plaintiff of his judgment on the ground of mere irregularity, the defendant would be held to the strictest rules of proceeding; and having been guilty of laches in making his motion, he was not entitled to be heard.