12 How. Pr. 342 | The Superior Court of New York City | 1856
The order to assess damages could only be granted on an application for the relief demanded by the complaint. No notice of the application having been given, it is irregular and must be set aside {Code, § 246, subd. 2).
The answer contains no defence; — on a demurrer to it for insufficiency, judgment would be given for the plaintiff. (Laws of 1855, ch. 44; Lane v. Gilbert, 9 How. Pr. R., 150). In such a case the damages would be assessed in the same manner as if no answer had been put in. (Code, § 269).
The motion for leave to put in the proposed answer is denied.