Keller v. Feldmann
New York Court of Common Pleas
Appeal from city court, general term. Action by Emma Keller against Henry Feldmann to recover damages for assault and battery. From a judgment of the general term of the city court affirming a judgment by default, and from an order of said term affirming an order denying a motion to open the default, defendant appeals. Appeal dismissed.
1Opinion of the CourtPryor, J.
The record shows that when the action was called for trial the defendant failed to appear, and that thereupon his default was entered, and judgment rendered against him upon an assessment of *582damages. No appeal lies fromta judgment by default. The only office of an appellate tribunal is to review the determinations of the primary jurisdiction; and, since a judgment by default involves no adjudication upon the issues in controversy, it follows that nothing is presented for revision by the court above. Flake v. Van Wagenen, 54 N. Y. 25, 28; Innes v. Purcell, 58 N. Y. 388; Maltby v. Greene, 40*…
2Cases cited19 opinions
- Jenkins v. . PutnamNew York Court of Appeals · 1887
- McMahon v. . RauhrNew York Court of Appeals · 1871
- Flake v. . Van WagenenNew York Court of Appeals · 1873
- De Barante v. . DeyermandNew York Court of Appeals · 1869
- McEteere v. LittleNew York Court of Common Pleas · 1878
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3Cited by13 opinions
- Citizens Trust Co. v. R. Prescott & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1927
- Kreizer v. AllaireAppellate Terms of the Supreme Court of New York · 1896
- Pots v. HermanNew York Court of Common Pleas · 1894
- Jakobi v. GormanNew York Court of Common Pleas · 1893
- Wolf v. ButtnerNew York Court of Common Pleas · 1893
8 more not listed; retrieve them via the Exa API.