Strong v. Hardenburgh
New York Supreme Court
Appeal by defendants from an order of special term denying defendants’ motion to open their default taken at general term, and for leave to file exceptions and make a case, but with leave to renew the motion at general term after the dismissal of the appeal to the court of appeals.
1Opinion of the Court
By the court, Hogeboom, Justice.
1. I do not think the notice of appeal to the court of appeals was in the way of granting this motion. The appeal was ineffectual without an undertaking, and the judgment by default was not appealable. But even if the appeal had been regu- „ larly brought, it is well established practice, notwithstanding such appeal) ito permit, in a proper case, such proceedings as are now applied for, to be taken in the court from whose judgment the appeal is taken.
2, Nor do I think that the judge at special term should have declined to entertain the motion. It was a motion…
2Cases cited2 opinions
- Moore v. IllinoisSupreme Court of the United States · 1852
- Forsyth v. United StatesSupreme Court of the United States · 1850
3Cited by3 opinions
- Stonesifer v. KilburnCalifornia Supreme Court · 1892
- Sherman v. Southern Pacific Co.Nevada Supreme Court · 1909
- Odell v. McGrathAppellate Division of the Supreme Court of the State of New York · 1897