Schulman v. Rector Paper Box Co.

Appellate Division of the Supreme Court of New York

Schulman v. Rector Paper Box Co.

154 N.Y.S. 1144

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 28, 1915

StatusPublished

This text of 154 N.Y.S. 1144 (Schulman v. Rector Paper Box Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Schulman v. Rector Paper Box Co., 154 N.Y.S. 1144 (N.Y. Ct. App. 1915).

Pincite

Opinion

PER CURIAM.

The notice of appeal herein recites only that the appeal is from the judgment in this action which was entered after an inquest.upon the default of the defendant. The appellant’s attorney claims, and the return shows, that the defendant made a motion to open his default, and the motion was denied, and an order entered denying the same; but the notice of appeal makes.no mention of the order. We have, however, examined the record, and there'is nothing shown upon the affidavits. used upon the motion which would constitute a sufficient excuse for the defendant’s failure to appear, and the order denying the motion to open bis default was properly granted. Appeal dismissed, with $10 costs."

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The notice of appeal herein recites only that the appeal is from the judgment in this action which was entered after an inquest.upon the default of the defendant. The appellant’s attorney claims, and the return shows, that the defendant made a motion to open his default, and the motion was denied, and an order entered denying the same; but the notice of appeal makes.no mention of the order. We have, however, examined the record, and there'is nothing shown upon the affidavits. used upon the motion which would constitute a sufficient excuse for the defendant’s failure to appear, and the order denying the motion to open bis default was properly granted. Appeal dismissed, with $10 costs."

Cite This Page — Counsel Stack

Bluebook (online)

154 N.Y.S. 1144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schulman-v-rector-paper-box-co-nyappdiv-1915.