New York Supreme Court July 15, 1850 (Brown, Russell & Russell v. Spear & Butler)

Willard, Justice.

By section 154 of the Code, it is pt&vided that if the answer contain a statement of new matter, Constituting a defence, and the'plaintiff fails to reply or demur thereto, within the time prescribed by law, the defendant may move, on a notice of not less than ten days, for such judgment as he is entitled to upon such statement, and if the case require it, a writ of inquiry of