The Mayor and Corporation of New-York against Sands

The Mayor and Corporation of New-York against Sands. If a defendant petition the mayor and corporation of Hew York, for relief in a suit by them on a penal ordinance, during the pendency of which a default and judgment, thereon bo entered, they will be set aside, especially >f any thing like merits appear. PENDLETON moved to set aside a default and judgment obtained on a penal ordinance by tbe corporation of the city .of New-York, directing tbe defendant, as owner of certain vacant lots, to fill them up. The affidavit read denied bis being owner. It also set forth that tbe defendant bad, on that ground, applied by petition to be relieved, but before any answer was given, and whilst the application was pending, tbe default and judgment were entered. Harison contended that as the proceedings were regular, tbe petition ought not to have tbe effect of suspending them. Tbe fact relied on, as an excuse, was a legal defence, and might have been pleaded if true. [MAJORITY — Per Curiam.] Per Curiam. The proceedings complained of took place while a petition was pending, and there is, therefore, something of surprise. In addition to this, there are in effect merits disclosed. Let the default and judgment be set aside. Motion granted.