Feist v. Third Ave. Railroad
New York Court of Common Pleas
Appeal from Ninth district court. Action by Henry Feist against the Third Avenue Railroad Company. From a judgment entered on an order dismissing the complaint, and from an order opening the default, plaintiff appeals.
1Opinion of the CourtBischoff, J.
Judgment in this action was rendered in plaintiff’s favor upon default, and! subsequently, on defendant’s motion, an order was entered by the justice opening the default, and the cause was thereafter set down for trial. Upon the day of the trial, plaintiff appeared, and moved that the order opening the default be set aside, and that the original judgment stand, the motion being based upon the lack of jurisdiction of the justice to make the order in question. Upon the denial of this motion, he refused to proceed with the trial, and judgment for dismissal of the complaint was rendered. From…
2Cases cited10 opinions
- Brookman v. . HamillNew York Court of Appeals · 1871
- Schwartz v. WechlerNew York Court of Common Pleas · 1892
- Jacobs v. ZeltnerNew York Court of Common Pleas · 1894
- Sanford v. GrangerNew York Supreme Court · 1852
- Rosenthal v. GrouseNew York Court of Common Pleas · 1885
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