Thomas v. Keeler
New York Supreme Court
Appeal from Delaware county court. Action by George A. Thomas against Edmond S. Keeler and William K. Stevens, commenced in a justice’s court. The facts appear in the opinion.
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Appeal from Delaware county court. Action by George A. Thomas against Edmond S. Keeler and William K. Stevens, commenced in a justice’s court. The facts appear in the opinion. Code Civil Proc. § 3064, is as follows: “If the appeal is taken by a defendant who failed to appear before the justice, either upon the return of the summons or at the time to which the trial of the action was adjourned, and he shows, by affidavit or otherwise, that manifest injustice has been done, and renders a satisfactory excuse for his default, the appellate court may, in its discretion, set aside the judgment…
1Opinion of the CourtHardin, P. J.
This was an appeal from an order of the Delaware county court, setting aside a judgment entered in a justice’s.court, and awarding the defendants a new trial before another justice of the same county. The order was made under section 3064 of the Code of Civil Procedure, and based upon an assumption by the court that the defendants failed to appear before the justice at the time to which the trial of the action had been adjourned. If the court was justified in assuming that there was such a failure to appear, then we are of the opinion that the order appealed from should be affirmed. If the…
2Cases cited2 opinions
- Baldwin v. CarterNew York Supreme Court · 1818
- Cornell v. BennettNew York Supreme Court · 1852
3Cited by7 opinions
- Tucker v. PfauNew York Supreme Court · 1893
- Campbell v. LumleyAppellate Terms of the Supreme Court of New York · 1898
- People v. YoungNew York Supreme Court · 1895
- Risley v. Van DelinderNew York Supreme Court · 1896
- Judson v. O'ConnellNew York Supreme Court · 1891
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