Schermerhorn v. . the Mohawk Bank

Court: New York Court of Appeals
Date filed: 1847-11-05
Citations: 1 N.Y. 125
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Lead Opinion

There is no difference in principle between this case and the one cited at the bar. The motion to open a regular default is always a question of practice, addressed to the discretion of the Court in which the suit is pending; and it is not, in its nature, a proper matter for review in an Appellate Court. This is so, whatever may be the ground on which the motion was decided.

Appeal dismissed.