Hyperlawhypertext legal database Hudson v. Henry 1 Cole. & Cai. Cas. 168

← Cases

Hudson v. Henry

1 Cole. & Cai. Cas. 168 Court N.Y. Sup. Ct. English

Contents

Majority

p. 168
Hudson v. Henry.

Headnote

MR HENRY moved for judgment of nonsuit against the plaintiff for not proceeding to trial. Notice of the motion had been sent to the adverse attorney by the mail.

This notice is insufficient. A letter may miscarry; or the attorney may be absent when the mail arrives, or not immediately inquire for letters, though an affidavit of a plea sent by the mail might save a default. Let the defendant take nothing by his motion.[1]

* See Cole & another ads. Stafford, ante, p. 110. Beebe ads. Paddock, ante, p. 135.