General

Charles A. G. Depew, Respondent, v. Cynthia B. Dewey, impleaded, etc., Appellant

56 N.Y. 657·New York Court of Appeals·1874·NY

Brief incoming

Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.

Opinion

Charles A. G. Depew, Respondent, v. Cynthia B. Dewey, impleaded, etc., Appellant. (Argued April 21, 1874; decided April 28, 1874.) An application to the Special Term of the Supreme Court to open a judgment and allow a defendant to come in and defend is addressed to the discretion of the court. The power to review that discretion belongs to the General Term. This court has no power to review the decision of the latter. This was an appeal from, a General Term order, reversing an order of Special Term, opening the judgment herein, and allowing defendant, Cynthia B. Dewey, to come in and defend. One ground of the decision of the General Term was laches, some fourteen years having elapsed after the judgment before the motion was made. Held, as above. Edgar S. Van Winkle for the appellant. Thomas Nelson for respondent. [MAJORITY — Per Curiam] Per Curiam memorandum for dismissal of appeal. All concur. Appeal dismissed.