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Buehler v. Mayor

54 N.Y. Super. Ct. 507 22 Jones & S. 507 Court N.Y. Super. Ct. Decision date 1886-12-17 English

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p. 507
GEORGE BUEHLER, Appellant, v. THE MAYOR, ETC., OF THE CITY OF NEW YORK, Respondents.

Headnote

Default—When not opened.
Before Sedgwick, Ch. J., and Ingraham, J.
Decided December 17, 1886.
Appeal from order denying motion to open default.
The Court at General Term, said:—“ The motion to open the default dismissing the complaint, was made on an affidavit of plaintiff’s attorney. The pleadings were not recited in the order denying the motion, and are not printed with the papers on appeal. It does not appear what cause of action was sued on or that plaintiff had any cause of action.
As the judge would be justified in denying the motion
p. 508
unless it appeared that plaintiff had a cause of action, and as we cannot say from the papers before us that the plaintiff has such a cause of action, we cannot review the determination of the Special Term.
Charles T. Haviland, for appellant.
E. Henry Laeombe, for respondents.

Opinion Per Curiam.—Sedgwick, Ch. J., and Ingeaham, J., sitting.

Order affirmed, with ten dollars costs and disbursements.