Legal Opinion

Coleman v. Keady

New York County Courts

Decided March 15, 1907Published

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

  1. Jewell v. HeinzelNew York Court of Common Pleas · 1876
  2. Young v. Conklin, New York County Courts1893
  3. Mullane v. RobergeAppellate Terms of the Supreme Court of New York · 1897

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