Morganstern v. Endelman
City of New York Municipal Court
Appeal from an order of the Special Term, dated and entered September, 9, 1901, assuming to relieve the defendant from the effect of a judgment, while another order of the Special Term, dated and entered on or about January 2, 1901, granting the defendant’s application opening the default upon which the said judgment was entered, upon certain terms therein imposed, is still undisturbed of record.
1Opinion of the CourtHascall, J.
It is clear from the face of the papers presented to us upon this appeal that every presumption, which may be indulged in, should be construed in favor of sustaining the judgment. 6 N. Y. Supp. 306. The apparent absence of good faith on the part of the defendant, as well as of diligence, render section 724 of the Code imperative and make it imperative that the order appealed from should be reversed. Moreover, judicial policy requires that a justice at Special Term should not assume to vacate an order made by another justice except where permission is granted by statute, before application has…
Also in this document: Concurrence.
2Cases cited2 opinions
- Fisher v. . HepburnNew York Court of Appeals · 1871
- McElroy v. Continental Railway Co.New York Supreme Court · 1889