Gideon v. Dwyer
This text of 41 N.Y.S. 1116 (Gideon v. Dwyer) 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.
Opinion
The court, having control over its own judgments, decided that, in furtherance of justice, this ease should be heard on the merits (40 N. Y. Supp. 1053); there being an excuse presented, and a defense alleged to exist. No abuse of discretion is shown, and the terms imposed are more than an indemnity to the plaintiff for the expenses to which he has been put, and the delay he has suffered. The •order should be affirmed, with $10 costs and ■disbursements.
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Cite This Page — Counsel Stack
41 N.Y.S. 1116, 75 N.Y. St. Rep. 1485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gideon-v-dwyer-nyappdiv-1896.