Majority
p. 107Cole and another ads. Stafford.
Headnote
IN this cafe a plea was sent by the mail, and the attorney for defendant swore that he believed it was received by the attorney for the plaintiff, who
p. 108
notwithstanding entered judgment for want of a plea: and now
Riker for the defendant moved to set the judgment aside for irregularity.
Wortman contra.
As affidavit has been made on the part of the defendant that the plea was fent 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 fe-veral days afterwards, does not deny the reception of the plea, the Court will intend that he did receive it.
Let the judgment be set aside, and on payment of costs by the plaintiff’s attorney himself.