Canelli Wine Co. v. Tassi
New York Supreme Court
Appeal by defendants from a judgment of the Municipal Court of the city of New York, borough of Manhattan, fifth district, entered upon their default in appearing or answering.
1Opinion of the CourtLehman, J.
I entirely agree with Mr. Justice Whitaker that the practice of permitting appeals from judgment taken on default which requires the appellate court to take the responsibility of passing in the first instance upon disputed questions of fact is entirely anomalous and this very case is a glaring instance of the evil to which such practice leads. The plaintiff in this case claims that he has served James Tassi, and upon proof of such service has obtained a judgment by default. James Tassi now comes in and by aEdavit shows that he has not been served and that the Municipal Court has no…
2Cases cited4 opinions
- Friedberger v. StulpnagelAppellate Terms of the Supreme Court of New York · 1908
- Austen v. Columbia Lubricants Co.Appellate Terms of the Supreme Court of New York · 1903
- Hurry v. CoffinNew York Court of Common Pleas · 1882
- Lazarus v. BoyntonAppellate Terms of the Supreme Court of New York · 1904
3Cited by1 opinion
- Export Flour & Feed Co. v. A. Mishler, Inc.Appellate Terms of the Supreme Court of New York · 1915