Wirts v. Norton

New York Supreme Court

Wirts v. Norton

25 Wend. 699

CourtNew York Supreme Court

DecidedSeptember 15, 1841

StatusPublished

Cited by5 cases

This text of 25 Wend. 699 (Wirts v. Norton) 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

Wirts v. Norton, 25 Wend. 699 (N.Y. Super. Ct. 1841).

Pincite

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

Cite This Page — Counsel Stack

Bluebook (online)

25 Wend. 699, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wirts-v-norton-nysupct-1841.

Opinion

Related

Cite This Page — Counsel Stack