Follet v. Sherman

Bronson, Chief Justice.

The surrejoinder was not re-, ceived, and as the proof of service by mail is not in strict conformity to the rule, I think the plaintiffs must pay costs. Ordered, that the plaintiffs’ default for not surrejoining and all subsequent proceedings on the part of the defendant be set aside, and that the plaintiffs have leave to surrejoin, on payment of the costs of the default and subsequent proceedings, including seven dollars costs of opposing this motion.