Seiffert v. Caverly
New York Supreme Court
Appeal from Erie county court. Action by Catherine S. Seiffert against Bichard Gaverly. From an order denying plaintiff’s motion to open a default judgment dismissing the complaint, plaintiff appeals.
1Opinion of the CourtLewis, J.
This action has suffered many vicissitudes and calamities. It was commenced in the month of December, 1888, in the Erie county court. When it was reached upon the calendar, the plaintiff failed to appear, and the complaint was dismissed, and judgment for costs was entered against the plaintiff. Upon motion, the default was opened, the cause was again placed upon the calendar, and the complaint was dismissed a second time. Again a a motion to open the default was made and granted, but, terms being imposed, the plaintiff appealed to this court from so much of the order as imposed terms, and…
2Cases cited1 opinion
- Wollung v. AikenNew York Supreme Court · 1889