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Gillet v. Wilde

1 Cole. Cas. 64 Court N.Y. Sup. Ct. English

Contents

Majority

p. 64
Gillet ads. Wilde.

Headnote

Motion for like judgment for like caufe.

A defendant is not entitled to this judgment for the firil default, provided the plaintiff will ftipulate to bring the caufe to trial at the fucceeding Circuit: but if the plaintiff can fuf-ficiently account for the default, he will not be required even to ftipulate. And in all cafes the defendant muft make this motion the next term after the default, or he will be deemed to have waived his claim to the ftipulation.