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Hawkins v. Smith

36 N.Y.S. 333, 98 N.Y. Sup. Ct. 299, 71 N.Y. St. Rep. 117, 91 Hun 299
CourtNew York Supreme Court
DecidedDecember 2, 1895
StatusPublished
Cited by3 cases

This text of 36 N.Y.S. 333 (Hawkins v. Smith) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hawkins v. Smith, 36 N.Y.S. 333, 98 N.Y. Sup. Ct. 299, 71 N.Y. St. Rep. 117, 91 Hun 299 (N.Y. Super. Ct. 1895).

Opinion

PRATT, J.

No principle is better settled than that no appeal lies from a judgment taken by default. Code, § 1294; Avery v. Woodin, 44 Hun, 269. The defendant’s remedy was to move to open his default. The recital that two justices of the sessions were present with the county judge, and took no part in the decision, does not invalidate the judgment. The proceeding was entitled in the county court, the county judge was present, and defendant has appealed from a judgment of the county court. Judgment affirmed, with costs. All concur.

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Cite This Page — Counsel Stack

Bluebook (online)
36 N.Y.S. 333, 98 N.Y. Sup. Ct. 299, 71 N.Y. St. Rep. 117, 91 Hun 299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hawkins-v-smith-nysupct-1895.