Forster v. Capewell
New York Court of Common Pleas
Ai’peal by defendants, under section 366 of tbe Code, from a judgment of the Marine Court by default. The action was upon a promissory note. The expuse set up for the default and the defence sought to be interposed sufficiently appear in the opinion of the court.
1Opinion of the Court
INGRAHAM, Eirst Judge. —
The judgment in the court below was by default, duly taken before the- j ustice who granted the judgment, as appears by the return.
To enable the court to set aside a judgment by. default such default must be excused and the defendant must show that injustice hns been done him by the judgment.
I doubt -very much the sufficiency of the excuse, when the defendant himself states that he was in the court room and did not hear the cause called. The justice returns that it was first called by the clerk and entered - in the register, and was after-wards called before the…
2Cited by1 opinion
- Marks v. WilsonThe Superior Court of New York City · 1860