Mager v. Wuytack
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Marie Mager, from an order of the County Court of Nassau county, entered in the office of the clerk of said county on the 10th day of May, 1919, opening defendant’s default in appearance before a justice of the peace of Nassau county, setting aside the judgment of the justice in the sum of $109.86, and ordering a new trial before the justice upon the payment by the defendant of $25 costs.
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Appeal by the plaintiff, Marie Mager, from an order of the County Court of Nassau county, entered in the office of the clerk of said county on the 10th day of May, 1919, opening defendant’s default in appearance before a justice of the peace of Nassau county, setting aside the judgment of the justice in the sum of $109.86, and ordering a new trial before the justice upon the payment by the defendant of $25 costs. The order was made pursuant to section 3064 of the Code of Civil Procedure.
1Opinion of the Court
Kelly, J.:
The plaintiff brought an action against the defendant before a justice of the peace to recover $106.10 for services rendered and money loaned. There was a written complaint *105and defendant appeared by attorney and filed an answer, in effect a general denial. The case was set for trial and on the day appointed plaintiff appeared with her lawyer, the defendant appearing and asking for an adjournment, alleging that his lawyer was ill. No proof of the fact was presented beyond defendant’s statement; the plaintiff refused to consent to the adjournment; the justice ordered the trial- to…