Ramsey v. Gould

I concur with Judge Ingraham, that the pro ceeding before Judge Barnard was only a default; and, with some hesitation, I acquiesce in the conclusion to declare the order made by Judge Brady not to be appealable. While I do not differ from the opinion that the action of the Special Term, in opening a default, is generally not appealable, I am not willing, by my silence, to seem to assent or agree to the proposition that it is never so. If there is a palpable abuse of discretion, the order made may be reviewable. This has been frequently held, even when the question arose in respect to the…