General
Reiling v. Bolier
3 D.C. 2123 Cranch 212·United States Circuit Court of the District of Columbia·1827
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Opinion
Reiling v. Bolier.
A judgment by default, and writ of inquiry, in the county of Washington, may be set aside at the next term, upon affidavit of merits, payment of costs, pleading to issue to the merits instanter, and offering ready for trial.
Motion by Mr. C. C. Lee and Mr. Jones, for the defendant,
to set aside an interlocutory' judgment by default, and quash the writ of inquiry; upon affidavit of merits, payment of costs, pleading to issue of the merits instanter, and offering ready for trial. Tidd, 507, 508.
[MAJORITY]
The CouRT, (Morsell, j., doubting,) after examining the decisions of this Court, and not finding any directly to the point, where the judgment was interlocutory and writ of inquiry awarded, granted the prayer of the defendant’s counsel upon the terms offered. This would have been the regular trial-term if the pleas had been regularly filed.
The cases examined by the court, were McCleod v. Gloyd, (2 Cranch, C. C. 264); Ault v. Elliot, special bail of Morté, at April term, 1823, (Id. 372); Ringgold v. Elliot, at April term, 1824, (Id. 462); Williamson v. Bryan, at April term, 1823, (Id. 407); French v. Venable, at December term, (Id. 509); Union Bank v. Crittenden, at April term, 1821, (Id. 238); Mc Cormick v. Magruder, at April term, 1821, (Id. 227); Sherburne v. King & Langley, at June term, 1820, (Id. 205); Jones v. Llewellyn, at December term, 1819, and March, 1820, not reported. See also 2 Har. Ent. 88, 121; Goldsworth v. Southcott, 1 Wils. 243; and 2 Saund. 7, note 3.
Trial and verdict for plaintiff, $120.