Seaman v. McReynolds — 40 N.Y. Super. Ct. 545

Majority

p. 545

ROBERT SEAMAN, Plaintiff and Respondent, v. ANTHONY McREYNOLDS, Impleaded, etc., Defendant and Appellant.

Headnote

I. CAUSE RESERVED GENERALLY ON TRIAL CALENDAR.

1. What necessary to place it on a day calendar.

(a) Two days’ notice to place it on a day calendar for trial must be given to all defendants who answer separately by different attorneys.

1. Default taken against one of such defendants without notice to his attorney is irregular, and must be set aside.

H. APPEAL.

An order denying a motion to set aside a default so taken will be reversed on appeal. The court below should have exercised its discretion in opening the default.

Notice of appeal—amendment of.

A notice signed “ of counsel ” is irregular; but the General Term map correct it by substituting “ attorney ” for “ counsel.”

Before Monell, Ch. J., and Sedgwick, J.

Heard November, 1875;

Decided December 6, 1875.

p. 546

Daniel T. Robertson, for appellant.

H. M. Whitehead, for respondent.

holding above propositions, and reversing order below.