Toal v. Soher

Appellate Division of the Supreme Court of New York

Toal v. Soher

49 N.Y.S. 1149

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

DecidedFebruary 23, 1898

StatusPublished

This text of 49 N.Y.S. 1149 (Toal v. Soher) 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

Toal v. Soher, 49 N.Y.S. 1149 (N.Y. Ct. App. 1898).

Pincite

Opinion

FITZSIMONS, C. J.

I think that the special term justice, upon the papers submitted to him herein, was justified in opening defendant’s default. Such papers, in my opinion, presented sufficient cause for so doing. The terms imposed, I think, were insufficient. In addition to such terms, the plaintiff should have been allowed all disbursements incurred by her. The order appealed from is modified to that extent, and, as so modified, is affirmed, without costs. CONLAN, J., concurs.

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

FITZSIMONS, C. J.

I think that the special term justice, upon the papers submitted to him herein, was justified in opening defendant’s default. Such papers, in my opinion, presented sufficient cause for so doing. The terms imposed, I think, were insufficient. In addition to such terms, the plaintiff should have been allowed all disbursements incurred by her. The order appealed from is modified to that extent, and, as so modified, is affirmed, without costs. CONLAN, J., concurs.

Cite This Page — Counsel Stack

Bluebook (online)

49 N.Y.S. 1149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toal-v-soher-nyappdiv-1898.