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Kieley v. Reinhardt

108 N.Y.S. 1012 Court N.Y. App. Term Decision date 1908-03-05 English

Delivered by MacLEAN, J.

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p. 1012
KIELEY v. REINHARDT.
(Supreme Court, Appellate Term.
March 5, 1908.)

Headnote

Appeal—Decisions Reviewable—“Default Judgment.”
A judgment by default Is equivalent to a judgment on confession, and no appeal lies therefrom.
[Ed. Note.—For cases in point, see Cent. Dig. vol. 2, Appeal and Error, §§ 885-891.
For other definitions, see Words and Phrases, vol. 4, pp. 3842-3844; vol. 8, p. 7697.]
Appeal from Municipal Court, Borough of Manhattan, Third District.
Action by Timothy J. Kieley against Louis Reinhardt. Judgment for plaintiff, and defendant appeals. Dismissed.
Argued before GILDERSLEEVE, P. J., and BISCHOFF and MacLEAN, JJ.
Arnstein & Levy, for appellant.
Hardy & Shellabarger, for respondent.

This is an appeal from a judgment taken by default. But a judgment by default is equivalent to a judgment on confession, and therefrom lies no appeal. Adams v. Oaks, 20 Johns. 282 .

Appeal from judgment dismissed, with $10 costs. All concur.

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