Legal Opinion
Roth v. Light
Appellate Terms of the Supreme Court of New York
Decided May 4, 1911Published
Appeal from City Court of New York, Trial Term. Action by Henry Roth and another against Benjamin Light and others. From a judgment of the City Court of the City of New York, defendants Light and Weinberg appeal.
1Opinion of the CourtGerard, J.
This is an appeal by two of the defendants from a judgment of the City Court, entered on the default of the defendants. The court below having ordered the trial to proceed, this judgment was entered by default. Section 1294 of the Code provides:
“A party may appeal, in a case prescribed in this chapter, except where the judgment or order of which he complains, was rendered upon his default.”
The right to appeal is statutory. Jones v. Sabin, 122 App. Div. 666, 107 N. Y. Supp. 508. The defendants’ remedy was to move to open the default. Hawkins v. Smith, 91 Hun, 299, 36 N. Y. Supp. 333.
The appeal…
2Cases cited2 opinions
- Jones v. SabinAppellate Division of the Supreme Court of the State of New York · 1907
- Hawkins v. SmithNew York Supreme Court · 1895