TaiLexi AI U.S. Case Law

Csatlos v. Metropolitan Street Railway Co.

CSATLOS v. METROPOLITAN ST. RY. CO.

Csatlos v. Metro. St. Ry. Co., 73 N.Y.S. 981 (1902)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
January 10, 1902
Judges
Brunt
Citations
73 N.Y.S. 981
Disposition
Affirmed.
Headnotes
Judgment—Opening Default. The giving of leave by the appellate division to apply to the court below to open a default does not indicate that, in the opinion of the appellate division, the default ought to be opened.
Summary
Appeal from special term, New York county. „ Action by William Csatlos, an infant, against the Metropolitan Street Railway Company. From an order granting a motion to open a default, plaintiff appeals.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Brunt

Text extracted by OCR from a scanned original; check the original for exact wording.

VAN BRUNT, P. J.

This order should be affirmed; but in view of the opinion of the justice below granting the motion, it may be proper to say that the giving of leave by the appellate division,, upon payment of certain costs, to apply to the court below to. open a default, is by no means to be taken by the court below as an intimation that the appellate division is of the opinion that the default ought to be opened. The leave may be given because, as the appellate division will not pass upon these questions, it thinks that the party in default ought to have his excuse passed upon, on the-merits. In many instances where such leave is given, if the appellate division passed upon the merits of the excuse offered it would dismiss the appeal.

The order should be affirmed, with $io costs and disbursements.. All concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 0 cases

No case in this database cites this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list