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Lynde v. West

12 Wend. 235 Court N.Y. Sup. Ct. Decision date 1834-11-20 English

Delivered by Sutherland, J.

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p. 235
Lynde vs. West.

Headnote

Where notice of appearance is not given until after the entry of a default for not pleading, the plaintiff is not hound to serve the defendant’s attorney with notice of assessment.
After a default for not pleading was entered, a notice of appearance was served. Two days after receiving such notice, the plaintiff entered a rule for interlocutory judgment, and had his damages assessed, without giving notice of assessment to the defendant's attorney, who now, on the ground of such omission, moved to set asside the interlocutory judgment and subsequent proceedings for irregularity.
November 20.

By the Court,

Here was no irregularity. Had notice of appearance not been served, the plaintiff would not have been obliged to give notice of assessment; and not receiving notice of retainer until after the default was entered, he could not be required to delay his judgment by giving notice of assessment.

Motion denied.