General

Mitchell against Ingersoll

2 Cai. 385·New York Supreme Court of Judicature·1805·NY

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Opinion

Mitchell against Ingersoll. If it appear diligence has been used to obtain the transcript in error, during a reasonable expectation of which a default has been entered for not assign' ing errors, it will be set aside on payment of costs. The rule for assigning errors having expired, the defendant entered a default against the plaintiff. jHopkins 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 laches is imputable to the plaintiff. He had reasonable grounds for expecting the transcript: let, therefore, the default be set aside on payment of costs. Motion granted on costs.