Hawkins v. Smith
New York Supreme Court
Appeal from Suffolk county court. Action by Thomas L. Hawltins against Alonzo E. Smith to recover the sum of $267.45 for work, labor, and services rendered to.,defendant from March 1, 1891, to February 1, 1895. Defendant answered by general denial, and both plaintiff and defendant serve notice of trial. At the hearing, counsel for defendant moved for a postponement, which was denied, whereupon plaintiff took judgment by default, and defendant appeals.
1Opinion of the CourtPratt, J.
No principle is better settled than that no appeal lies from a judgment taken by default. Code, § 1294; Avery v. Woodin, 44 Hun, 269. The defendant’s remedy was to move to open his default. The recital that two justices of the sessions were present with the county judge, and took no part in the decision, does not invalidate the judgment. The proceeding was entitled in the county court, the county judge was present, and defendant has appealed from a judgment of the county court. Judgment affirmed, with costs. All concur.
2Cited by3 opinions
- Citizens Trust Co. v. R. Prescott & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1927
- Jones v. SabinAppellate Division of the Supreme Court of the State of New York · 1907
- Roth v. LightAppellate Terms of the Supreme Court of New York · 1911