New York Court of Appeals, 1847

Schermerhorn v. . the Mohawk Bank

Schermerhorn v. . the Mohawk Bank
New York Court of Appeals · Decided November 5, 1847 · Bronson
1 N.Y. 125

Schermerhorn v. . the Mohawk Bank

Opinion of the Court

By the Court,

Bronson, J.

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.

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