People ex rel. City of Mt. Vernon v. Brett

Appellate Division of the Supreme Court of New York

People ex rel. City of Mt. Vernon v. Brett

79 N.Y.S. 709, 79 A.D. 631

Appellate Division of the Supreme Court of the State of New York·Decided January 9, 1903·Published

Opinion

PER CURIAM.

The appellant’s motion appéars to have been made in entire good faith, and the papers disclose no good reason why it should have been denied. His counsel was absent from the county on his wedding trip when the original motion was returnable, and the brief time (two days) allowed by the learned special term in the appellant’s absence proved entirely unavailing for a proper exhibition of his side of the controversy on the merits. We think he should be allowed his day in court, and that the order appealed from should be reversed, with $io costs and disbursements, and the motion granted.

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PER CURIAM.

The appellant’s motion appéars to have been made in entire good faith, and the papers disclose no good reason why it should have been denied. His counsel was absent from the county on his wedding trip when the original motion was returnable, and the brief time (two days) allowed by the learned special term in the appellant’s absence proved entirely unavailing for a proper exhibition of his side of the controversy on the merits. We think he should be allowed his day in court, and that the order appealed from should be reversed, with $io costs and disbursements, and the motion granted.

People ex rel. City of Mt. Vernon v. Brett, 79 N.Y.S. 709, 79 A.D. 631 (N.Y. Ct. App. 1903).

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79 N.Y.S. 709 (People ex rel. City of Mt. Vernon v. Brett) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.