Toal v. Soher

City of New York Municipal Court

Toal v. Soher

22 Misc. 765

DecidedFebruary 15, 1898

StatusPublished

This text of 22 Misc. 765 (Toal v. Soher) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Toal v. Soher, 22 Misc. 765 (N.Y. Super. Ct. 1898).

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Opinion

Fitzsimons, Ch. 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.

Corlar, J., concurs.

Order modified, and as so modified, affirmed, without costs.

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Fitzsimons, Ch. 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.

Corlar, J., concurs.

Order modified, and as so modified, affirmed, without costs.

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Bluebook (online)

22 Misc. 765, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toal-v-soher-nynyccityct-1898.