Csatlos v. Metropolitan Street Railway Co.

Appellate Division of the Supreme Court of New York

Csatlos v. Metropolitan Street Railway Co.

73 N.Y.S. 981

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 10, 1902

StatusPublished

This text of 73 N.Y.S. 981 (Csatlos v. Metropolitan Street Railway Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Csatlos v. Metropolitan Street Railway Co., 73 N.Y.S. 981 (N.Y. Ct. App. 1902).

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Opinion

VAN BRUNT, P. J.

This order should be affirmed; but in view of the opinion of the justice below granting the motion, it may be proper to say that the giving of leave by the appellate division,, upon payment of certain costs, to apply to the court below to. open a default, is by no means to be taken by the court below as an intimation that the appellate division is of the opinion that the default ought to be opened. The leave may be given because, as the appellate division will not pass upon these questions, it thinks that the party in default ought to have his excuse passed upon, on the-merits. In many instances where such leave is given, if the appellate division passed upon the merits of the excuse offered it would dismiss the appeal.

The order should be affirmed, with $io costs and disbursements.. All concur.

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VAN BRUNT, P. J.

This order should be affirmed; but in view of the opinion of the justice below granting the motion, it may be proper to say that the giving of leave by the appellate division,, upon payment of certain costs, to apply to the court below to. open a default, is by no means to be taken by the court below as an intimation that the appellate division is of the opinion that the default ought to be opened. The leave may be given because, as the appellate division will not pass upon these questions, it thinks that the party in default ought to have his excuse passed upon, on the-merits. In many instances where such leave is given, if the appellate division passed upon the merits of the excuse offered it would dismiss the appeal.

The order should be affirmed, with $io costs and disbursements.. All concur.

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Bluebook (online)

73 N.Y.S. 981, Counsel Stack Legal Research, https://law.counselstack.com/opinion/csatlos-v-metropolitan-street-railway-co-nyappdiv-1902.