Legal Opinion

Mitchell v. Menkle

New York Court of Common Pleas

Decided May 15, 1856PublishedCited by 5 opinions

Appeal by defendant from a judgment of tbe Marine Court. The facts, as they appeared by tbe return, are fully stated in tbe opinion of the court. An affidavit of the defendant’s attorney was attached to the return containing an excuse for the default, on which the judgment appealed from was entered.

1Opinion of the Court

INGRAHAM, First Judge. —

In this case the defendant appeared and answered ; an inquest was afterwards taken against him, which, on his application, was opened on payment of certain costs, and a day was fixed for a new trial. On that day the defendant did not appear, and, on proof of non-payment of th£¡-costs before ordered, the court vacated the order granting a new trial, and confirmed the first judgment.

On this appeal we can only look at the return made by the justice. In those proceedings we find no error. The new trial was granted on certain conditions. Those conditions were not complied…

2Cited by5 opinions

  1. Koransky v. GreenbergAppellate Division of the Supreme Court of the State of New York · 1910
  2. Henschel v. EverettNew York Supreme Court · 1910
  3. Bannon v. LevyAppellate Terms of the Supreme Court of New York · 1897
  4. Henschel v. EverettAppellate Terms of the Supreme Court of New York · 1910
  5. Schleeter v. BommerAppellate Division of the Supreme Court of the State of New York · 1944

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