General

De Witt Clinton v. Peter B. Porter

1 Cole. & Cai. Cas. 388·New York Supreme Court·1804·NY

Brief incoming

Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.

Opinion

De Witt Clinton v. Peter B. Porter. IN debt on a bond, the plaintiff set out the real oyer of it. The defendant then demanded oyer, which was given to him variant from that set out, on which the defendant pleaded non. est factum. The plaintiff then, without any rule or notice, served a fresh oyer, setting out the bond and condition truly; twenty days having elapsed, he signed judgment by default. Dmott, on affidavit disclosing the above facts, moved to set aside the default and subsequent proceedings. Van V?chten, contra, insisted, that the case was within the eighth rule of April, 1796, which allows of amending declarations, &c. and that all permitted by that rule, might be done of course. [MAJORITY — Per Curiam.] Per Curiam. Take the effect of your motion, with costs.