Vincent v. Flanagan

New York Supreme Court

Vincent v. Flanagan

1 N.Y. St. Rep. 771

DecidedJuly 1, 1886

StatusPublished

This text of 1 N.Y. St. Rep. 771 (Vincent v. Flanagan) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Vincent v. Flanagan, 1 N.Y. St. Rep. 771 (N.Y. Super. Ct. 1886).

Pincite

Opinion

Dykman, J.

This is an action for the recovery of the damages sustained by the plaintiff by reason of the explosion of powder or dynamite. It was commenced in the city court of Yonkers, and the defendant omitted to employ a lawyer until his time to answer had expired. Judgment was taken by default, and then a motion was made to open the default and for permission to defend. The motion was denied in the city court and their appeal is from that order. Our view is that the discretion of the city court was not wisely exercised; the defendant was well excused, and the action is one that may well admit of a defense and the defendant should have an opportunity to defend the same.

The order appealed from should be reversed, with ten dollars costs and disbursements, and the motion should be granted on payment of costs rendered in the judgment.

Barnard, P. J., and Cullen, J., concur.

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Dykman, J.

This is an action for the recovery of the damages sustained by the plaintiff by reason of the explosion of powder or dynamite. It was commenced in the city court of Yonkers, and the defendant omitted to employ a lawyer until his time to answer had expired. Judgment was taken by default, and then a motion was made to open the default and for permission to defend. The motion was denied in the city court and their appeal is from that order. Our view is that the discretion of the city court was not wisely exercised; the defendant was well excused, and the action is one that may well admit of a defense and the defendant should have an opportunity to defend the same.

The order appealed from should be reversed, with ten dollars costs and disbursements, and the motion should be granted on payment of costs rendered in the judgment.

Barnard, P. J., and Cullen, J., concur.

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Bluebook (online)

1 N.Y. St. Rep. 771, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vincent-v-flanagan-nysupct-1886.