Property · MBE-tested

Vischer and others ads. Van Alen

1 Cole. Cas. 115·New York Supreme Court·1800·NY

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Opinion

Vischer and others ads. Van Alen. Ejectment. D. TEN BROECK moved to fet aside a default entered against the tenant for not pleading. [MAJORITY — Per Curiam.] Per Curiam. In this case it appears that the consent rules were entered into, a new declaration delivered, but no plea filed, and thereupon judgment was entered by default against the tenant. Although at the time of signing the rule the plea ought to have been put in, yet the entering the default in this manner was improper. It should have been against the casual ejector, according to the terms of the confent rule. There can he no judgment by default against the tenant. Let the defendant take the effect of his motion.