Taylor v. Frost

New York Supreme Court

Taylor v. Frost

2 Denio 200

DecidedFebruary 15, 1846

StatusPublished

This text of 2 Denio 200 (Taylor v. Frost) 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

Taylor v. Frost, 2 Denio 200 (N.Y. Super. Ct. 1846).

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Opinion

By the Court, Bronson, Ch. J.

The defaúlt, though regularly taken, is sufficiéntly excused, and it would be feet aside on terms, if that course was essential to the rights of the defendants. But it is not. The matters sét úp in the special pléas may be given in evidence under the general issúé; and I think we ought not to interfere. Setting aside the default, ánd allowing an argument on the Sufficiency of the spécial pleas, would only causé délay, wiííióút answering any valuable eiid to either party.

Motion denied.

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By the Court, Bronson, Ch. J.

The defaúlt, though regularly taken, is sufficiéntly excused, and it would be feet aside on terms, if that course was essential to the rights of the defendants. But it is not. The matters sét úp in the special pléas may be given in evidence under the general issúé; and I think we ought not to interfere. Setting aside the default, ánd allowing an argument on the Sufficiency of the spécial pleas, would only causé délay, wiííióút answering any valuable eiid to either party.

Motion denied.

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Bluebook (online)

2 Denio 200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-frost-nysupct-1846.