Legal Opinion

Rycroft v. Pierce

Appellate Division of the Supreme Court of the State of New York

Decided May 17, 1912PublishedCited by 4 opinions

Appeal by the plaintiff, Alice G-. Bycroft, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 22d day of April, 1912, vacating and setting aside.a judgment entered against the defendant by default and restoring the cause to the day calendar for trial.

1Opinion of the Court

Laughlin, J.:

The cause was regularly upon the calendar and the default was duly taken. The sole ground upon which the application was made to vacate the judgment was the alleged illness and inability of the defendant to attend the trial as a witness. Hia inability to attend the trial was not satisfactorily shown; but on the contrary his neglect so to do was inexcusable. The fair inference from the facts disclosed by the record is that he deliberately abandoned the trial while able to attend court and if he did not plan to have the court misled with respect to the state of *522his health he at…

2Cited by4 opinions

  1. Baldwin v. Yellow Taxi Corp.Appellate Division of the Supreme Court of the State of New York · 1927
  2. Gallagher v. TantaloNew York Supreme Court · 1958
  3. Stewart v. Barry, New York County Courts1931
  4. Heiland v. SalmNew York Supreme Court · 1955

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