Kinsey, Ranier & Thompson, Inc. v. Berriman
Appellate Terms of the Supreme Court of New York
Appeal by the defendants from a judgment rendered in favor of the plaintiff in the Municipal Court of the city of ¡New York, secofld district, borough of Manhattan.
1Per curiam
Plaintiff took judgment by default. Defendants made a motion to open default, which was denied. Execution was issued and the amount was paid under protest by defendants. The latter appeal from the order denying the motion to open default. Such an order is not appealable. Jacobs v. Zeltzer, 9 Misc. Rep. 455. Defendants should have proceeded according *746to section 3064 of the Code, and appealed from the judgment taken by default; in which case, if they had shown by affidavit or otherwise that manifest injustice had been done, and also had given a satisfactory excuse for their default, this court…
2Cases cited4 opinions
- Jacobs v. ZeltnerNew York Court of Common Pleas · 1894
- Kellock v. DickinsonAppellate Division of the Supreme Court of the State of New York · 1896
- Empire Hardware Co. v. YoungAppellate Terms of the Supreme Court of New York · 1899
- Campbell v. LumleyAppellate Terms of the Supreme Court of New York · 1898