President, Directors, & Co. of the Eagle Bank of New Haven v. Holley & Holley
New York Supreme Court
This cause was called for trial on the 22d of October and an inquest taken against the defendants by de - fault, at the circuit mentioned in the last cause. The senior ■ . , . counsel was, at the same time, absent, being engaged m e(luity court for the 1st circuit; and declined to appear in this cause, for the reason that he supposed the law circuit irregular. The junior counsel also declining to appear for the ganxe reason, the default passed.
Read the full summary
This cause was called for trial on the 22d of October and an inquest taken against the defendants by de - fault, at the circuit mentioned in the last cause. The senior ■ . , . counsel was, at the same time, absent, being engaged m e(luity court for the 1st circuit; and declined to appear in this cause, for the reason that he supposed the law circuit irregular. The junior counsel also declining to appear for the ganxe reason, the default passed. There was now * an affidavit of merits on the part of the defendants, upon which, in addition to the grounds of irregularity stated 'n the last cause,…
1Opinion of the Court
Curia.
The counsel were mistaken; but here was no appearance at the trial; and we are inclined to relieve *515them.; (there being an affidavit of merits,) on payment qf all the costs.
Eule accordingly.
2Cited by2 opinions
- Allen v. FinkAppellate Division of the Supreme Court of the State of New York · 1925
- Gallo v. BoscoAppellate Division of the Supreme Court of the State of New York · 1961