Wirts v. Norton , 25 Wend. 699 ( 1841 )

Motion to set aside a default for not pleading. The defendants served a plea and a copy of the affidavit of merits, required by the practice of the court, instead of the original affidavit. The plaintiff treated the plea as a nullity, and entered the defendants’ default as for the want of a plea. The chief justice set aside the default as irregularly entered, holding, that the plea should have been returned and the defect stated.

Motion granted.