Townsend v. Keenan
New York Court of Common Pleas
Motion to vacate a judgment entered at general term, affirming a judgment of a district court. It appeared that the defendant appealed from a judgment rendered against him, and, after procuring the return of the justice to be filed, noticed the appeal for argument, and had it placed on the general term calendar for January last.
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Motion to vacate a judgment entered at general term, affirming a judgment of a district court. It appeared that the defendant appealed from a judgment rendered against him, and, after procuring the return of the justice to be filed, noticed the appeal for argument, and had it placed on the general term calendar for January last. The appeal not having been heard or disposed of at that term, it was continued on the calendar for the succeeding February term, when, on its being called by the court, no one appearing for the' appellant, the judgment was affirmed on the application of the…
1Opinion of the CourtHilton, J.
The appeal herein from the justice of the Sixth District Court was noticed for argument, on the part of the appellant, for January term, and was accordingly placed upon the calendar, there to continue without further notice, and until finally disposed of by the court. Code, § 364. The appellant failed to ■ appear when the case was regularly called at the last general term, and the respondent asked for and obtained an affirmance of the judgment. There was no irregularity in his proceedings, and, as the appellant fails to show any excuse for his neglect, no reason exists for vacating the…
2Cited by1 opinion
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