Smith v. Belden — 5 Thomp. & Cook 695

Majority

p. 695

Smith v. Belden.

Headnote

Appeal by defendant from an order at special term refusing to set aside an inquest.

The action was brought by German Smith against E. P. Belden and another.

H. Brewster, for appellant.

W. H. Townley, for respondent.

The order was affirmed on the ground that the defendant had full notice from the other side of the intention to take an inquest, and that the defendant made the motion to procure delay rather than in a belief that he would be able to make a successful defense. No point of general importance was passed upon in the opinion.

Order affirmed.