Legal Opinion

Keifer v. Grand Trunk Railway Co. of Canada

New York Supreme Court

Decided April 15, 1891Published

Appeal from special term, Erie county.

1Opinion of the CourtCorlett, J.

This action was commenced in January, 1884, by the plaintiff to recover damages for causing the death of her intestate. • Issue was joined, and in November, 1887, the complaint was dismissed, the plaintiff failing to appear when the case was called upon the circuit calendar. Various delays afterwards occurred. Finally there was a change of attorneys on the part of the plaintiff, and a motion was made in May, 1889, at special term, to open the default, which was granted upon payment of costs included in the judgment based upon the dismissal, and $10 for opposing the motion. These costs were to…

2Cases cited6 opinions

  1. Matter of the Application of Cooper, Etc.New York Court of Appeals · 1883
  2. Bennett v. . Van SyckelNew York Court of Appeals · 1859
  3. Knapp v. . BrownNew York Court of Appeals · 1871
  4. Alexander v. . AlexanderNew York Court of Appeals · 1887
  5. Vail v. RemsenNew York Court of Chancery · 1838

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