General
Mitchell v. Ingersoll
1 Cole. & Cai. Cas. 429·New York Supreme Court·1805·NY
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Opinion
Mitchell v. Ingersoll.
THE rule for assigning errors haying expired, the defendant entered a default against the plaintiff.
Hopkins moved to set it aside,
on an affidavit, stating that the transcript had been written for, and was, when the rule expired, daily expected.
Whiting, contra,
urged that an order to enlarge the time for assigning errors, ought to have been obtained.
[MAJORITY — Per Curiam.]
Per Curiam.
No loches is imputable to the plaintiff. He had reasonable grounds for expecting the transcript; let, therefore, the default be set aside on payment of costs.