Phelps v. Bronson

New York Supreme Court

Phelps v. Bronson

4 Cow. 61

DecidedFebruary 15, 1825

StatusPublished

This text of 4 Cow. 61 (Phelps v. Bronson) 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

Phelps v. Bronson, 4 Cow. 61 (N.Y. Super. Ct. 1825).

Pincite

Opinion

Per Curiam.

There is no doubt that when a plaintiff takes his default, but inadvertently omits to file common bail, in a case proper for it, He should always be permitted to make his proceedings good by doing this nunc pro tunc. Upon such a case being presented by affidavit and notice of motion, it is a matter of course to grant a rule that it may be done.

Rule accordingly,

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Per Curiam.

There is no doubt that when a plaintiff takes his default, but inadvertently omits to file common bail, in a case proper for it, He should always be permitted to make his proceedings good by doing this nunc pro tunc. Upon such a case being presented by affidavit and notice of motion, it is a matter of course to grant a rule that it may be done.

Rule accordingly,

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Bluebook (online)

4 Cow. 61, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phelps-v-bronson-nysupct-1825.