General
Cobb and Morris against Darrow
6 Cow. 390·New York Supreme Court·1826·NY
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Opinion
Cobb and Morris against Darrow.
ALBANY,
Oct. 1826.
The plain-ilfaot on a'notice of bail, an°aUorney0of this court; though he may not have bd^and^tho" bail may not be ijn as stated in the notice.
An attorney, without any authority from the defendant, Save notice to the attorneys for the plaintiff, that special bail was in for the defendant. On this notice, and 4 days after, the plaintiff’s attorneys entered the defendant’s de-default,
And though no bail was, in fact, in, as the notice stat- > an(i was not till some time after, and by another attorney ;
D. Cady, for the motion.
H. P. Hunt, contra.
[MAJORITY — The Court]
The Court
refused to set aside the proceedings for irregularity; saying the plaintiffs had a right to act upon the notice.