Majority
p. 116Lansing who is impleaded with Doe ads. Gorham.
Headnote
F00T moved to set aside the default and to be let in to defend, upon an affidavit of merits, and that the omission to plead was occasioned by urgent business. He stated that it was a case of bail, and therefore is to be considered as one which comes recommended to the grace of the Court.Lush contra, and read counter affidavits as to merits.
If a party wants more time to plead, he must apply to a Judge at his chambers
p. 117
to enlarge the rule. This is stated to be an application in favor of bail, but it should be remembered that the cases of bail to which the Court are particularly indulgent, are where bail wants time to surrender the principal, but here he comes to defend the suit, and therefore stands in the same situation with any other defendant.
Motion denied.