Harvey v. Gillies
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Christopher J. Harvey against John Gillies, impleaded with others. From an order denying defendant Gillies’ motion to open his default, he appeals.
1Opinion of the CourtLehman, J.
The plaintiff herein has obtained a judgment against the defendant Gillies upon an inquest taken upon the defendant’s default. The defendant thereupon moved that his default be opened, and he appeals to this court from the order denying this motion.
Upon the motion the defendant presented a reasonable excuse for the default, and an affidavit of merits, based upon an affidavit of the defendant showing, in effect, that defendant relies on his general denial. It is entirely within the discretion of the trial justice whether a default shall be opened; and we should not disturb this discretion,…
2Cases cited1 opinion
- Dana v. ThawAppellate Terms of the Supreme Court of New York · 1907
3Cited by1 opinion
- Murrell v. GraziadeAppellate Terms of the Supreme Court of New York · 1911