Vacuna Sales Co. v. Regent Theatre

Appellate Terms of the Supreme Court of New York

Vacuna Sales Co. v. Regent Theatre

149 N.Y.S. 863

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 19, 1914

StatusPublished

This text of 149 N.Y.S. 863 (Vacuna Sales Co. v. Regent Theatre) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Vacuna Sales Co. v. Regent Theatre, 149 N.Y.S. 863 (N.Y. Ct. App. 1914).

Pincite

Opinion

PER CURIAM.

The defendant, upon the return of the order to show cause why his default should not be opened, gave a good and sufficient excuse for his failure to appear and file an answer. The reason for his failure to appear was not known to the plaintiff’s attorney, nor to the trial justice, and the taking of the inquest was therefore proper. The default should have been opened upon terms.

Order reversed, judgment vacated, and new trial ordered, upon payment of the sum of $10 in the court below; costs of the appeal to the appellant to abide the event.

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PER CURIAM.

The defendant, upon the return of the order to show cause why his default should not be opened, gave a good and sufficient excuse for his failure to appear and file an answer. The reason for his failure to appear was not known to the plaintiff’s attorney, nor to the trial justice, and the taking of the inquest was therefore proper. The default should have been opened upon terms.

Order reversed, judgment vacated, and new trial ordered, upon payment of the sum of $10 in the court below; costs of the appeal to the appellant to abide the event.

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Bluebook (online)

149 N.Y.S. 863, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vacuna-sales-co-v-regent-theatre-nyappterm-1914.