Schermerhorn v. . the Mohawk Bank

New York Court of Appeals

Schermerhorn v. . the Mohawk Bank

1 N.Y. 125

New York Court of Appeals·Decided November 5, 1847·Published

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.

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

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