Austen v. Columbia Lubricants Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Eleventh District. Action by Mary H. Austen against the Columbia Lubricants Company. From a judgment rendered on defendant’s default, it appeals. Appellant granted leave to renotice appeals on payment of $io, imposed as terms; otherwise judgment to be affirmed.
1Opinion of the CourtBischoee, J.
The argument of the respondent that an appeal may not be taken from a judgment rendered by default in the Municipal Court is founded upon the contention that section, 3057 of the Code, relating to appeals for “error in fact,” no longer applies to that court, because of the effect of the repealing schedule of the Municipal Court act (Laws 1902, p. 1486, c. 580). Whether section 3057 applies, or not, is immaterial, since the right of appeal from judgment by default arose, not from that section, but from the language of section 3046, as judicially construed. Hurry v. Coffin, 11 Daly, 180. And…
2Cases cited2 opinions
- Hurry v. CoffinNew York Court of Common Pleas · 1882
- Hurd v. BeemanNew York Supreme Court · 1853
3Cited by16 opinions
- Dixon v. CarrucciAppellate Terms of the Supreme Court of New York · 1906
- Review & Record Co. v. GilbrethAppellate Terms of the Supreme Court of New York · 1909
- Diehl v. SteeleAppellate Terms of the Supreme Court of New York · 1906
- Lazarus v. BoyntonAppellate Terms of the Supreme Court of New York · 1904
- Spiropulos v. MagnioniAppellate Terms of the Supreme Court of New York · 1905
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