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Edwards v. M'Kinstry

1 Cole. & Cai. Cas. 125 Court N.Y. Sup. Ct. English

Contents

Majority

p. 125
Edwards ads. M'Kinstry.

Headnote

ON a motion to set aside a default, and that the defendant have leave to plead, on the sole ground that he has merits, and that the plaintiff has not lost a trial, the court said,

When a party swears to merits, the court will strongly incline to let him in, but he must be able to suggest some excuse for not having pleaded; such, perhaps, as accident or inadvertence. Here the defendant does not attempt to give any reason at all, and therefore he must take nothing by his motion.