Goldberg v. Wood
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from an order of the City Court of the city of New York, denying a motion to set aside an inquest.
1Opinion of the Court
Per Curiarn.
In our view, the motion to set aside the inquest and the judgment entered thereon should have been granted. The stay of proceedings arising from the failure to pay costs provided for by section 779, Code of Civil Procedure, . is intended to prevent the party in default from taking any affirmative proceeding in the action, but was not intended and may not be used to prevent him from defending himself from attack. Randall v. Abrisqueta, 20 Abb. N. C. *619292. The defendant, therefore, notwithstanding he was in default was entitled to defend the action upon the issues raised by his…
2Cases cited1 opinion
- Randell v. AbrisquetaCity of New York Municipal Court · 1886
3Cited by1 opinion
- Blair v. BlairNew York Supreme Court · 1913