Majority
p. 61John C. McQuhae, Resp’t, v. Charles Lehman, App’lt. (New York Common Pleas, General Term, Filed March 16, 1894
Headnote
Appeal—Default—Opening.The principle, enunciated in this case, is concisely stated in the opinion of the court.
William McArthur, for app’lt; Thomas D. Bambant, for resp’t.
The motion to open the default should be denied ior the reasons ; that the appellant failed to appear on Monday, March 12th, the day that the appeal was set down for argument; that he failed to pay the costs previously imposed before the case was called on that day; and finally, that the order which he appeals from was entered upon his own motion at special term and .-granted him leave to come in and defend upon terms; that he did not comply with the terms and that a final order denying his motion has been entered it appears, upon his consent.
Motion denied without costs.