Miller v. Kelly

Appellate Division of the Supreme Court of New York

Miller v. Kelly

246 A.D. 667

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 1935·Published

Opinion

Appeal from order opening defendants’ default. Through excusable misunderstanding defendants did not appear when this case was reached for trial. The default judgment was opened upon the payment of ninety-eight dollars and ninety cents by the defendants. Order unanimously affirmed, with fifty dollars costs and disbursements to the respondents and against appellants. Present — Hill, P. J., Rhodes, MeNamee, Crapser and Heffernan, JJ.

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Appeal from order opening defendants’ default. Through excusable misunderstanding defendants did not appear when this case was reached for trial. The default judgment was opened upon the payment of ninety-eight dollars and ninety cents by the defendants. Order unanimously affirmed, with fifty dollars costs and disbursements to the respondents and against appellants. Present — Hill, P. J., Rhodes, MeNamee, Crapser and Heffernan, JJ.

Miller v. Kelly, 246 A.D. 667 (N.Y. Ct. App. 1935).

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