White v. Sebring

This is a motion to open a default in appearance at a Trial Term by the defendant. The case was set down at the opening of the term and was at the head of the calendar the following day, when the defendant Sebring defaulted, and proofs were put in and a judgment rendered against him, after an amendment of the complaint with reference to a demand for interest. A motion to open the default was denied by the learned trial justice, and this denial has been affirmed by the Appellate Division (224 App. Div. 811). This motion is based upon the discovery of new evidence, which becomes pertinent,…