Wirts v. Norton
25 Wend. 699
Opinion
Motion to set aside a default for not pleading. The defendants served a plea and a copy of the affidavit of merits, required by the practice of the court, instead of the original affidavit. The plaintiff treated the plea as a nullity, and entered the defendants’ default as for the want of a plea. The chief justice set aside the default as irregularly entered, holding, that the plea should have been returned and the defect stated.
Motion granted.
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Wirts v. Norton, 25 Wend. 699 (N.Y. Super. Ct. 1841).
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