Depeyster v. Warne
1 Cole. & Cai. Cas. 342 | N.Y. Sup. Ct. | 1804
There is strong reason to believe that notice of retainer was duly served, and though no merits are sworn to, we cannot depart from our rules. Let the default, judgment, and all subsequent proceedings, be set aside with costs; but on condition that the defendant does not bring any action for false imprisonment.
Motion granted.
