Page v. Dempsey
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Cornelia B. Page against William J. Dempsey. From an order opening a default judgment on payment of $10 costs, plaintiff appeals.
1Dissent
MacLEAN, J. (dissenting).
In disregard of orderly and common practice upon motions of this sort, the pleadings were not submitted. It appears, however, from the moving papers, that the cause of action alleged was damage done to the property of the plaintiff by blasting operations negligently and carelessly conducted by the defendant, and that the answer interposed was a general denial. From the same papers, and the opposing affidavits, it appears, also, that the cause, being upon the day calendar and the plaintiff’s counsel, present with eight or ten witnesses, answering ready, was passed for…
2Cases cited3 opinions
- Davis v. SolomonAppellate Terms of the Supreme Court of New York · 1899
- Ellis v. JonesNew York Supreme Court · 1851
- Carruth v. RosenthalAppellate Division of the Supreme Court of the State of New York · 1908