Schermerhorn v. . the Mohawk Bank

New York Court of Appeals

Schermerhorn v. . the Mohawk Bank

1 N.Y. 125

DecidedNovember 5, 1847

StatusPublished

This text of 1 N.Y. 125 (Schermerhorn v. . the Mohawk Bank) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Schermerhorn v. . the Mohawk Bank, 1 N.Y. 125 (N.Y. 1847).

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Opinion

By the Court,

Bronson, J.

There is no difference in principle between this case and the one cited at the' bar. The motion to open a regular default is always a question of practice, addressed to the discretion of the Court in which the suit is pending; and it is not, in its nature, a proper matter for review in an Appellate Court. This is so, whatever may be the ground on which the motion was 'decided..

Appeal dismissed.

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By the Court,

Bronson, J.

There is no difference in principle between this case and the one cited at the' bar. The motion to open a regular default is always a question of practice, addressed to the discretion of the Court in which the suit is pending; and it is not, in its nature, a proper matter for review in an Appellate Court. This is so, whatever may be the ground on which the motion was 'decided..

Appeal dismissed.

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Bluebook (online)

1 N.Y. 125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schermerhorn-v-the-mohawk-bank-ny-1847.