McCormack v. Leffin

117 A.D. 915

Opinion

All concurred, excent Williams, J., who dissented on the ground that there was no evidence of any such default as provided for by the statute;

* that there was no evidence that the default was satisfactorily excused and no evidence that manifest injustice had been done.

See Laws of 1891, chap. 105, § 470, as amd. by Laws of 1904, chap. 576, -[Rep.