Catlin v. . Billings
New York Court of Appeals
Motion to dismiss appeal. The action in the Supreme Court was against Billings, Latson and Fowler, on a note made by Latson and indorsed by the two other defendants. Latson and Fowler answered, and the plaintiff brought the action to trial at the circuit, when an inquest was taken, none of the defendants appearing. The verdict was against the three defendants, and judgment was entered upon if, which was affirmed on appeal taken by Billings, at a general term.
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Motion to dismiss appeal. The action in the Supreme Court was against Billings, Latson and Fowler, on a note made by Latson and indorsed by the two other defendants. Latson and Fowler answered, and the plaintiff brought the action to trial at the circuit, when an inquest was taken, none of the defendants appearing. The verdict was against the three defendants, and judgment was entered upon if, which was affirmed on appeal taken by Billings, at a general term. As the defendants did not appear at the circuit, there was, of course, no exception taken on the trial. Billings appealed from the…
1Per curiam
There is no question of law arising upon the record contained in the return. No exception was taken upon the trial. If there was an irregularity in assessing the damages against Billings, without an affidavit that he had made default in answering, that was a question of practice which is not reviewable in this court. Nor would the matters which the appellant seeks to have added to the return present any appealable question. There was an order made on a motion after judgment, but the motion was to set aside the judgment for irregularity. We have decided, a number of times, that where the…
2Cited by2 opinions
- Hotchkiss v. CuttingSupreme Court of Minnesota · 1869
- Stark v. StarkNew York Supreme Court · 1885