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Cohan Administrator v. Kip

1 Cole. Cas. 45 Court N.Y. Sup. Ct. English

Contents

Majority

p. 45
Cohan Administrator ads. Kip.

Headnote

A PLEA was drawn and signed, but the defendant's attorney forgot to file it, and a copy without signature was served. A default for not pleading was entered during the last vacation, subsequent to the delivery of the plea.
Jones for defendant now moved to set aside the default, on the ground of irregularity, he produ-red also an affidavit of merits.

A plaintiff may accept or refuse an imperfect copy of a plea; and if he accepts it, the court will compel the defendant to file a perfect plea, if that has not already been done. Here appears to have been a mere mistake on the part of defendant. Let him file a plea instanter, and the default be set aside on payment of costs.