The Phenix National Bank, Appellant, v. John R. Keim, as Assignee for Thomas H. Spaulding and William H. Crosby, Appellant, and Thomas H. Spaulding et al., Respondents

The Phenix National Bank, Appellant, v. John R. Keim, as Assignee for Thomas H. Spaulding and William H. Crosby, Appellant, and Thomas H. Spaulding et al., Respondents. Reported below, 69 App. Div. 201. (Argued October 6, 1902; decided October 14, 1902.) Motion to dismiss an appeal from a judgment entered May 2, 1902, upon an order of the Appellate Division of the Supreme Court in the • first judicial department, which' reversed an interlocutory judgment in favor of plaintiff and a final judgment enteréd thereon upon the report of a referee, and dismissed an appeal from an order denying a motion to amend the final judgment. The motion was made upon the ground that as the judgment appealed from was entered on default, no appeal lies therefrom to the Court of Appeals. Norris Morey for motion. S. W. Bosendale opposed. [MAJORITY] Motion denied, with ten dollars costs.