Legal Opinion

Bass v. Carley

Appellate Terms of the Supreme Court of New York

Decided December 21, 1905PublishedCited by 3 opinions

Appeal from Municipal Court, Borough of Manhattan, Eleventh District. Action by Ottis Bass against Earle E. Carley. Erom an order denying his motion to open a default, defendant appeals.

1Per curiam

The motion to open the default was properly denied. In view of the fact that the defendant permitted five weeks to elapse from the entry of judgment before making his application, and of his having been examined in supplementary proceedings, and having requested and obtained an adjournment of his further examination in those proceedings, there is little doubt that the motion was an afterthought, and not deemed to be necessary for the protection of any substantial rights possessed, by the defendant and affected by the judgment. The omission of an affidavit of merits was a defect which might,…

2Cited by3 opinions

  1. Bon Homme County Bank v. BainbridgeSouth Dakota Supreme Court · 1924
  2. Levine v. MunchikAppellate Terms of the Supreme Court of New York · 1906
  3. Bancroft-Graham v. HalleyCity of New York Municipal Court · 1913

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