Hurry v. Coffin
New York Court of Common Pleas
Appeal from a judgment of a district court in the City of New York. A summons, and a complaint which was defectively verified, were duly served upon the defendant. Upon the return day of the summons the defendant failed to appear, and the plaintiff took judgment without proof, as though his complaint had been sufficiently verified; and from the judgment thus rendered the defendant appealed.
1Opinion of the CourtVan Brunt, J.
[After stating the facts as above.]— The sufficiency of the verification of the complaint it is not necessary to consider now, as it was conceded to be defective upon the argument of this appeal by the counsel for the respondent; but we will confine ourselves to the objection that no appeal lies from a judgment entered by default.
That this is true in respect to the judgments of courts of record, seems to be sufficiently established by the case of Maltby v. Greene, (3 Abb. Ct. of App. Dec. 144 ; 1 Keyes 548), and cases there cited; but that a different rule prevails in respect to appeals from…
2Cases cited1 opinion
- Maltby v. GreeneNew York Court of Appeals · 1864
3Cited by13 opinions
- Austen v. Columbia Lubricants Co.Appellate Terms of the Supreme Court of New York · 1903
- Brown v. BouseAppellate Terms of the Supreme Court of New York · 1904
- Jacobs v. ZeltnerNew York Court of Common Pleas · 1894
- Lazarus v. BoyntonAppellate Terms of the Supreme Court of New York · 1904
- Dreyfus v. CarrollAppellate Terms of the Supreme Court of New York · 1899
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