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Deimel v. Field

6 N.Y. St. Rep. 861 Court N.Y. Decision date 1887-03-02 English

Contents

Majority

p. 861
RUDOLPH DEIMEL, App’lt, v. MARSHALL FIELD, Resp’t.

Headnote

Default—Power of special term to entertain motion to open
Appeal from order denying plaintiff’s motion to open default,
A. J Dittenhoefer, for applt; Om'ge W Oarr, for resp’t.

The majority of the court is of the opinion that the special term had the power to entertain the motion to open the default, and the order appealed from is reversed with ten dollars costs and disbursements, and the motion remitted to special term to be heard on the merits.