Ayres v. Covill
New York Supreme Court
This was a motion on the part of the plaintiff to set aside an order granted by defaun at the last special term at Ballstonj held by Mr. Justice Cady. The ground of the application, as stated in the notice, was, that the special term had no power or jurisdiction, and it was against good practice, and irregular, and void. Judgment had been given at special term for plaintiff on a demurrer to the answer, from which the defendant appealed.
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This was a motion on the part of the plaintiff to set aside an order granted by defaun at the last special term at Ballstonj held by Mr. Justice Cady. The ground of the application, as stated in the notice, was, that the special term had no power or jurisdiction, and it was against good practice, and irregular, and void. Judgment had been given at special term for plaintiff on a demurrer to the answer, from which the defendant appealed. At the last July general term, at Plattsburgh, judgment of reversal was entered by default. At the September general term, at Canton, this default was set…
1Opinion of the Court
Hand, Justice.
There is no doubt the special term had jurisdiction to open the default. That was the practice before 1847. (2 How. Sp. T. R. 32; 1 Id. 41, 43, 52.) Although a “ special term ” is mentioned in the present constitution, (Art. 6, §§ 6, 9,) which in this respect is different from the former, yet there is now, as then, but one supreme court. (Id. Art. 6, § 3.) This motion is not included among those which, by the rule may be made at general term. (Rule 27.) In a recent case, not yet reported, Mr. Justice Harris said it was C£ only when the relief sought affected the adjudication…
2Cases cited1 opinion
- Donaldson v. JacksonNew York Supreme Court · 1832
3Cited by1 opinion
- Poppenhusen v. SeeleyNew York Court of Appeals · 1866