Lennox v. Meehan

Plaintiff moves to open the default taken against him when he failed to appear when the cause was reached at the Oswego county Trial Term, and to set aside the judgment dismissing his complaint entered upon such default.

The excuse given in the moving papers for the failure to appear at the trial is that counsel, not the attorney, for plaintiff, who had been engaged to try the case, were engaged in a trial in another court at the time this case was reached. While it is not entirely clear that engagements of trial counsel in another court is a legal ground for postponement of a case, the courts…