Majority
p. 282Joseph H. Tooker et al., Respts, v. Marion Booth, App’lt. (New York Common Pleas, General Term, Filed May 17, 1894.)
Headnote
Appeal—Facts.The common pleas cannot review the facts in a case where the general term of the city court has reversed an order of the special term opening a default.
Motion to dismiss an appeal from the city court.
Michael J. Scanlan, for the motion; Langbein Bros. & Langbein, opposed.
This is a motion to dismiss the appeal on the ground that this court has no jurisdiction to entertain it. The special term of the city court made an order opening a default suffered by the appellant, from which an appeal was taken to the general term of that court, where the order of the court below was reversed. The general term of the city court had the undoubted right to review the facts connected ,with the default and its opening, and to reverse if in its judgment it thought proper. But we haw repeatedly held that we cannot review the facts in such a case, being in all respects bound by the same conditions which prevail in like cases in the court of appeals.
The appeal must therefore be dismissed with costs.