Majority
p. 398Burtch, demandant, against Hoag, tenant. ALBANY, Oct. 1826.
Headnote
„ 1 he supreme court are gov erned by the same rules m relieving against defaults personalac-ti°ns.Ana default for not plead-the'saíne term when taken, who t°ook *it being present in court, be opened oi course,
An imparlance had been granted to the first day of the ° present term, for the tenant to plead ; which he omitted ; ancj ¿efau]t was entered,
After the quarto die post,
N Cowen
moved that the default be opened and the tenant received to plead, the counsel who took the de- . . * fault being in court. He said he supposed the motion for ^ default stood on the footing of any ordinary non-enumerated motion ; which, under the like circumstances, would be opened during the term at which it was granted.
J% Tillinghast. contra,
relied on the greater strict- ° , ness which prevails as to real actions ; and cited 2 Dun!, Tr. 912.
The strictness contended for, has been much ■relaxed ; and, in real actions, we are now governed in granting relief against defaults by the same rules which prevail in personal actions.
Motion granted.