Thomas v. Douglass

| N.Y. Sup. Ct. | Jan 15, 1801

Per Curiam.

The defendant had time to plead until the second day of the term, and the order must be construed as including that day; so that the default could no be entered on that day.(^a) Again, the venue was changed, and notice thereof given before the time for pleading had expired. It was then incumbent on the plaintiff to alter the declaration on file, and the copy delivered accordingly, or file and deliver a new declaration. This not having been done, the judgment is, on this ground also, irregular, and must be set aside.(^b)

Rule granted.

a (a) 1 Grah. Prac. 2d ed. 619 ; Donne v. Marsh, 7 Taunt. 587; 1 Moore, 320.

b (b) Sec Grah. Prac. 2d ed. 787, 788.