Coleman v. Keady
New York County Courts
Appeal from a judgment of a justice of the peace.
1Opinion of the CourtKnox, J.
This is an appeal under section 3064 of the Code of Civil Procedure from a judgment of a justice’s court taken upon default of defendant to appear on the 19th day of June, 1906.
Under this section it becomes necessary for a defendant against whom a judgment by default has been taken before a justice to satisfactorily show that “ manifest injustice has been done ” and render “ a satisfactory excuse for his default.” Jewell v. Heinzel, 6 Daly, 411.
We have submitted to us the return of the justice and the affidavits of the defendant and his attorney.
An analysis of the affidavit of the attorney…
2Cases cited3 opinions
- Jewell v. HeinzelNew York Court of Common Pleas · 1876
- Young v. Conklin, New York County Courts1893
- Mullane v. RobergeAppellate Terms of the Supreme Court of New York · 1897