Pultz v. Diossy
New York Court of Common Pleas
This action was brought in the first district court of the city of New York. On the return day, when the defendant answered in the court below, the action was adjourned by common consent. On the adjourned day the defendant was in court with his attorney and witnesses ready for trial. The plaintiff asked for and obtained an adjournment. On the adjourned day the defendant was again in court with his attorney and witnesses ready for trial.
Read the full summary
This action was brought in the first district court of the city of New York. On the return day, when the defendant answered in the court below, the action was adjourned by common consent. On the adjourned day the defendant was in court with his attorney and witnesses ready for trial. The plaintiff asked for and obtained an adjournment. On the adjourned day the defendant was again in court with his attorney and witnesses ready for trial. The plaintiff again applied for and obtained an adjournment. On the next adjourned day the defendant was sick and unable to attend court; this was stated to…
1Opinion of the CourtDaly, C. J.
A judgment by default from which no appeal will lie, is one where the defendant neglected to appear at all, a judgment under such circumstances being regarded as equivalent to a confession of judgment; and the only remedy whiefi a defendant has in such a case is a motion to the court to open the default, which is a motion to the favor (Maltby agt. Green, 3 Abb. Ct. App. Dec., 147 ; Adams agt. Oakes, 20 Johns., 284, 285). By the Code¿ an appeal would lie to this coiu-t from a judgment where the defendant failed to appear before the justice, if he excused his default and showed that manifest…
2Cases cited5 opinions
- Northrup v. JacksonNew York Supreme Court · 1834
- Adams v. OaksNew York Supreme Court · 1822
- Maltby v. GreeneNew York Court of Appeals · 1864
- Everett v. ParksNew York Supreme Court · 1872
- Wilde v. New York & Harlem RailroadNew York Court of Common Pleas · 1857
3Cited by2 opinions
- Allison v. T. A. Snider Preserve Co.Appellate Terms of the Supreme Court of New York · 1897
- Carnright v. GrayNew York Supreme Court · 1890