Douw v. Rice — 11 N.Y. 178

Majority

p. 180

Douw vs. Rice.

Headnote

A notice endorsed on a declaration served on a defendant, requiring him to take notice of a rule to plead within days, is sufficient, where there is no complaint that the party has been misled.

This suit was commenced by the filing and service of a declaration. The notice endorsed on the declaration served, required the defendant to take notice of a rule to plead within days. The defendant did not put in a plea, and the plaintiff entered his default, which was now moved to be set aside as irregularly entered.

W. Darling, for defendant.

M. T. Reynolds, contra.

By the Court,

Take notice of a rule to plead would be a good notice endorsed on a declaration served on an attorney, and surely the service of a declaration, with a notice like that endorsed in this case on a party, was enough to put him on inquiry. There is no complaint that the defendant *has been misled ; and it is manifest, therefore, that this is an attempt to take advantage of a mere inadvertence. The motion is denied with costs.