Jensen v. Union Railway Co.

The appellant on a former appeal to this court elected to treat the proceedings upon which this judgment is based as an inquest taken upon its default in appearing. The order which was presented for review was an order which had opened such default. This order, in view of the defendant’s flagrant disregard of the rules governing calendar practice in this department and the failure to state facts indicating that there was any defense, was reversed (Jensen v. Union R. Co., 235 App. Div. 786). A judgment was thereafter entered and an appeal was taken direct to the Court of Appeals from that…