Thornall v. Turner
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from an order opening a default made by the acting justice of the Municipal Court of the city of New York, borough of Manhattan, tenth district. The opinion states the material facts.
1Opinion of the CourtGiegerich, J.
The plaintiff seeks a reversal of the opder opening the default of the defendant Turner and setting aside the judgment entered thereon, upon three grounds: First, that the *364order does not recite and contain the grounds for the granting thereof; second, that the moving papers fail to show a satisfactory excuse for the default; third, that an affidavit of merits was not presented.
As to the first point, it was held by the Appellate Term, in Colwell v. Devlin, 20 Misc. Rep. 355, that the power to open a default and set aside a judgment entered thereon in a District Court action was purely…
2Cases cited2 opinions
- Colwell v. DevlinAppellate Terms of the Supreme Court of New York · 1897
- Colwell v. DevlinAppellate Terms of the Supreme Court of New York · 1897
3Cited by4 opinions
- Davis v. SolomonAppellate Terms of the Supreme Court of New York · 1899
- Gold v. HutchinsonAppellate Terms of the Supreme Court of New York · 1899
- Spina v. MaroselliAppellate Terms of the Supreme Court of New York · 1901
- Ziegler v. SmithAppellate Terms of the Supreme Court of New York · 1909