General

Eugene A. Johnson, Respondent, v. The Long Island Railroad Company, Appellant

161 N.Y. 618·New York Court of Appeals·1899·NY

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Opinion

Eugene A. Johnson, Respondent, v. The Long Island Railroad Company, Appellant. (Submitted November 20, 1899; decided November 28, 1899.) Motion to open default, by reason of which appeal was dismissed for failure to tile return. The appeal which was dismissed was taken from an interlocutory judgment of the Appellate Division,-containing leave to appeal to the Court of Appeals, but not certifying any question for review. The order was subsequently resettled, questions were formulated, and since then another appeal has been taken. William J. Kelly for motion. Scott & Treadwell opposed. [MAJORITY] Motion denied, with ten dollars costs, upon the ground that the last appeal only is regular. (160 N, Y. 312.)