Beebe v. Nassau Show Case Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Nassau Show Case Company, from an order of the Municipal Court of the city of New York, entered in the office of the clerk of said court on the 7th day of March, 1899, •denying its motion to vacate a judgment rendered against it by default.
1Opinion of the Court
Per Curiam :
The defendant moved, upon affidavits excusing his default, to have 'the judgment entered in the action set aside. The plaintiff opposed the motion upon affidavits, and if we were authorized to review the question, we should have no hesitancy in agreeing with the disposition of the case made by the court below. The order, however, is not appealable. The practice in these cases is regulated by statute, and there must be statutory authority for an appeal, or no jurisdiction is conferred upon an appellate tribunal to review the same. (Jacobs v. Zeltner, 9 Misc. Rep. 455.) The…
2Cases cited3 opinions
- Jacobs v. ZeltnerNew York Court of Common Pleas · 1894
- Kellock v. DickinsonAppellate Division of the Supreme Court of the State of New York · 1896
- Campbell v. LumleyAppellate Terms of the Supreme Court of New York · 1898
3Cited by9 opinions
- Nolte v. SeymourAppellate Division of the Supreme Court of the State of New York · 1908
- Johnson v. ManningAppellate Division of the Supreme Court of the State of New York · 1902
- Schrenkeisen v. KrollAppellate Terms of the Supreme Court of New York · 1904
- Johnson v. ManningAppellate Division of the Supreme Court of the State of New York · 1903
- Johnson v. ManningAppellate Division of the Supreme Court of the State of New York · 1903
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