Lewis v. Rapelyea

1 Barb. 29 | N.Y. Sup. Ct. | 1847

Edmonds, I.

The rule applied for cannot be granted. The

only relief which could be granted would be to allow judgment to be entered in the name of the original parties. But that is a right conferred by statute, (2 R. S. 387, § 4.) and can only be exercised within two terms after plea of confession. This plea was put in last October; and more than two terms having passed, the court has no power in the matter.

Motion denied.