Majority
p. 448Anonymous. said, the plaintiff should have waited at least twenty-four hours after the order was revoked before entering the default.
Headnote
Where the time to plead was enlarged by a commissioner, who, after the original twenty days had expired, but not the enlarged time, revoked his order without qualification; held, that the defendant’s default for want of a plea might be regu. larly entered immediately after the revocation, and that the plaintiff was not bound to wait twenty-four horns.Motion by the defendant to set aside the default and subsequent proceedings for irregularity. An order was made by a commissioner enlarging the time to plead. After the original twenty days had expired, but before the enlarged time was out, the commissioner revoked his order, and the plaintiff on the same day entered the defendant’s default for want of a plea.
D. Burwell, for the defendant,
C. Stevens, contra.
The commissioner might have qualified’the revocation of his order enlarging the time-to plead#
p. 449
but he did not. The moment the order was annulled it ceased to have any influence, and the default was consequently regular.
Motion denied.