Rannow v. Hazard

The Superior Court of New York City

Rannow v. Hazard

29 Jones & S. 217, 47 N.Y. St. Rep. 291, 61 N.Y. Sup. Ct. 217

CourtThe Superior Court of New York City

DecidedJuly 5, 1892

StatusPublished

This text of 29 Jones & S. 217 (Rannow v. Hazard) is published on Counsel Stack Legal Research, covering The Superior Court of New York City primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rannow v. Hazard, 29 Jones & S. 217, 47 N.Y. St. Rep. 291, 61 N.Y. Sup. Ct. 217 (N.Y. Super. Ct. 1892).

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Opinion

By the Court.—Freedman, P. J.

Plaintiff’s motion was to vacate the order declaring the appeal abandoned. There was no such order. The order of April 30, 1892, declared the case on appeal abandoned which left the plaintiff free to prosecute his appeal upon the judgment roll. It was duly made and entered and has not been appealed from.

Aside from these considerations the plaintiff was bound, upon the motion to vacate the order as entered, to sufficiently excuse his default, but upon this point the affidavits submitted by both parties presented a conflict which was determined in favor of the defendants. Under all the circumstances disclosed we cannot say that the plaintiff established the point by a preponderance of evidence.

The order denying the motion to vacate should, therefore, be affirmed, with $10 costs and disbursements.

Dugro and Gildersleeve, JJ., concurred.

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By the Court.—Freedman, P. J.

Plaintiff’s motion was to vacate the order declaring the appeal abandoned. There was no such order. The order of April 30, 1892, declared the case on appeal abandoned which left the plaintiff free to prosecute his appeal upon the judgment roll. It was duly made and entered and has not been appealed from.

Aside from these considerations the plaintiff was bound, upon the motion to vacate the order as entered, to sufficiently excuse his default, but upon this point the affidavits submitted by both parties presented a conflict which was determined in favor of the defendants. Under all the circumstances disclosed we cannot say that the plaintiff established the point by a preponderance of evidence.

The order denying the motion to vacate should, therefore, be affirmed, with $10 costs and disbursements.

Dugro and Gildersleeve, JJ., concurred.

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Bluebook (online)

29 Jones & S. 217, 47 N.Y. St. Rep. 291, 61 N.Y. Sup. Ct. 217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rannow-v-hazard-nysuperctnyc-1892.