People v. Felstein

Appellate Terms of the Supreme Court of New York

People v. Felstein

147 N.Y.S. 819

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 21, 1914

StatusPublished

This text of 147 N.Y.S. 819 (People v. Felstein) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Felstein, 147 N.Y.S. 819 (N.Y. Ct. App. 1914).

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Opinion

BIJUR, J.

It appearing without contradiction that the default was incurred, owing to the absence of defendant’s counsel, because of two engagements on the day calendar of the Appellate Division, and that such absence was fully explained and sufficiently excused by an adequate affidavit presented to the trial justice, who permitted default to be taken, the order appealed from is reversed, with costs of this appeal, and the motion to open the default granted. All concur.

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BIJUR, J.

It appearing without contradiction that the default was incurred, owing to the absence of defendant’s counsel, because of two engagements on the day calendar of the Appellate Division, and that such absence was fully explained and sufficiently excused by an adequate affidavit presented to the trial justice, who permitted default to be taken, the order appealed from is reversed, with costs of this appeal, and the motion to open the default granted. All concur.

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Bluebook (online)

147 N.Y.S. 819, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-felstein-nyappterm-1914.