Campbell v. Lumley
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal' Court of the city of Yew York, borough of Manhattan, eleventh-district, rendered in favor of the plaintiff, by the justice thereof. Also, motion by the defendant, under section 3064 of. the Code of Civil Procedure, to set aside the judgment, and for a new trial. The opinion states the material facts,
1Opinion of the CourtGiegerich, J.
The. defendant seeks to set aside the judgment which she claims was entered against her -in favor of the plaintiff by default.
An appeal having been taken from such judgment, and the return having been "filed, we are authorized to entertain the motion. Kellock v. Dickinson, 5 App. Div. 515.. That portion of the appeal from the order denying the motion to open the defendant’s default is ineffectual, for the reason that. *197an order of the justice of a Municipal Court denying a motion to open a default is not appealable. Jacobs v. Zeltner, 9 Misc. Rep. 455. See Greater New York Charter, § 1367;…
2Cases cited3 opinions
- Jacobs v. ZeltnerNew York Court of Common Pleas · 1894
- Kellock v. DickinsonAppellate Division of the Supreme Court of the State of New York · 1896
- Thomas v. KeelerNew York Supreme Court · 1889
3Cited by4 opinions
- Beebe v. Nassau Show Case Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Kramer v. GerlachAppellate Terms of the Supreme Court of New York · 1899
- Kinsey, Ranier & Thompson, Inc. v. BerrimanAppellate Terms of the Supreme Court of New York · 1902
- Tiernan v. DavenportAppellate Terms of the Supreme Court of New York · 1901