Legal Opinion

Keller v. Feldman

New York Court of Common Pleas

Decided January 15, 1893PublishedCited by 2 opinions

Appeal from judgment and order of city court. The action was by Emma ICeller, now respondent, against Henry Feldman, now appellant.

1Opinion of the CourtPryor, J.

The record shows that when the action was called for trial the defendant failed to appear, and that thereupon his default was entered, and judgment rendered against him upon an assessment of damages.

No appeal lies from a judgment by default. The only office of an appellate tribunal is to review the determinations of the primary jurisdiction ; and since a judgment by default involves no adjudication upon the issues in controversy, it follows that nothing is presented for revision by the court above (Flake v. Van Wagenen, 54 N. Y. 25, 28 ; Innes v. Purcell, 58 Id. 388; Maltby v. Green, 3 Abb.…

2Cases cited24 opinions

  1. Thomson v. WoosterSupreme Court of the United States · 1885
  2. Ohio Central R. Co. v. Central Trust Co. of NYSupreme Court of the United States · 1890
  3. Flake v. . Van WagenenNew York Court of Appeals · 1873
  4. De Barante v. . DeyermandNew York Court of Appeals · 1869
  5. Havens v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1859

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3Cited by2 opinions

  1. Kreizer v. AllaireAppellate Terms of the Supreme Court of New York · 1896
  2. Hosman v. KinneallyAppellate Terms of the Supreme Court of New York · 1904

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