Legal Opinion
Fort v. . Bard
New York Court of Appeals
Decided September 5, 1847PublishedCited by 4 opinions
Motion by the respondents to dismiss the appeal. The facts are sufficiently stated in the opinion of the Court.
1Opinion of the Court
By the Court,
Bronson, J.
The appellant, who was one of the defendants in the Court of Chancery, suffered the bill to be regularly taken pro eonfesso against him; and then, on affidavits and papers which, as his counsel insist, fully excused the default, and showed a good defence on the merits, moved the Court to set aside the default, and allow him to defend the suit. The Chancellor made an order denying the motion with costs; and from that order the appeal is brought. The case of Rowley vs. Van Benthuysen, (16 Wend. 369,) is a direct authority for saying, that an appeal will not lie in such…
2Cases cited4 opinions
- Tripp v. CookNew York Supreme Court · 1841
- Fisher v. New-York Common PleasNew York Supreme Court · 1836
- Trustees of the Freeholders & Commonalty of Huntington v. NicollNew York Supreme Court · 1808
- Rowley v. Van BenthuysenCourt for the Trial of Impeachments and Correction of Errors · 1836
3Cited by4 opinions
- Farish v. CorliesNew York Court of Common Pleas · 1863
- Ramsey v. GouldNew York Supreme Court · 1871
- In re AdamsDistrict Court, S.D. New York · 1868
- McManus v. St. Regis Paper Co.Appellate Division of the Supreme Court of the State of New York · 1906