Tallmadge v. Stockholm

New York Supreme Court

Tallmadge v. Stockholm

14 Johns. 342

CourtNew York Supreme Court

DecidedOctober 15, 1817

StatusPublished

Cited by4 cases

This text of 14 Johns. 342 (Tallmadge v. Stockholm) 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

Tallmadge v. Stockholm, 14 Johns. 342 (N.Y. Super. Ct. 1817).

Pincite

Opinion

Per Curiam.

We have, from time to time, gradually the practice, as to setting aside a default for want of a plea; we have now come to the general rule, that a default for want of a plea, though regularly entered, will be set aside, in every case, on the payment of costs, where there is an of merits, and no trial has been lost. The payment of costs is a sufficient penalty on the defendant for neglecting to plead. We grant the motion, therefore, on payment of costs.

Rule granted.

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Per Curiam.

We have, from time to time, gradually the practice, as to setting aside a default for want of a plea; we have now come to the general rule, that a default for want of a plea, though regularly entered, will be set aside, in every case, on the payment of costs, where there is an of merits, and no trial has been lost. The payment of costs is a sufficient penalty on the defendant for neglecting to plead. We grant the motion, therefore, on payment of costs.

Rule granted.

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Bluebook (online)

14 Johns. 342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tallmadge-v-stockholm-nysupct-1817.

Opinion

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