Collins v. Izzo

Plaintiffs have appealed from an order of the Special Term of Supreme Court (Alexander, J.), setting aside a default judgment entered after an inquest taken at the Trial Term in Rensselaer County. The action was commenced by plaintiffs in April, 1941, to recover the sum of $288.35, alleged to be due for goods sold and delivered. The answer is a general denial. The action was noticed for trial for the November, 1941, Trial Term to be held in Rensselaer County. It was not moved for trial. At the opening of the September, 1943, term, the presiding Justice, in accordance with rule 7 of the Trial…