Cole v. Stafford — 1 Cole. & Cai. Cas. 110

Majority

p. 110

Cole and another ads. Stafford.

Headnote

IN this case a plea was sent by the mail, and the atttorney for the defendant swore that he believed it was received by the attorney for the plaintiff, who, notwithstanding entered judgment for want of a plea: and now

Piker, for the defendant,

moved to set the judgment aside for irregularity.

Wortmaiij contra.

As affidavit has been made on the part of the defendant that the plea was sent by mail, and that it is believed it was received ; and as the plaintiff’s attorney, after receiving a copy of this affidavit, though he makes a counter affidavit several days afterwards, does not deny the reception of the plea, the court will intend that he did receive it.

p. 111

Let the judgment be set aside, and on payment of sosts by the plaintiff’s attorney himself.