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Schermerhorn v. the Mohawk Bank

Court of Appeals of the State of New York
Nov 1, 1847
1 N.Y. 125 (N.Y. 1847)

Opinion

November Term, 1847

J. Rhoades and S.W. Jones, for the respondents.

A. Taber and E. Sandford, for the appellant.


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.


Summaries of

Schermerhorn v. the Mohawk Bank

Court of Appeals of the State of New York
Nov 1, 1847
1 N.Y. 125 (N.Y. 1847)
Case details for

Schermerhorn v. the Mohawk Bank

Case Details

Full title:SCHERMERHORN, Appellant, vs . THE MOHAWK BANK Resp'ts

Court:Court of Appeals of the State of New York

Date published: Nov 1, 1847

Citations

1 N.Y. 125 (N.Y. 1847)