Gideon v. Dwyer

Appellate Division of the Supreme Court of New York

Gideon v. Dwyer

41 N.Y.S. 1116, 75 N.Y. St. Rep. 1485

Appellate Division of the Supreme Court of the State of New York·Decided June 15, 1896·Published

Opinion

PER CURIAM.

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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PER CURIAM.

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.

Gideon v. Dwyer, 41 N.Y.S. 1116, 75 N.Y. St. Rep. 1485 (N.Y. Ct. App. 1896).

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Opinion

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