1 Silv. Ct. App. 385
Decided March 25, 1887
New York Court of Appeals · decided 1887-03-25
Motion to open a default and restore an appeal. The affidavit of appellant’s attorney is as follows: “ Isaac Kugelman, being duly sworn, says that he is the attorney for the defendants and appellants herein ; that this appeal was taken in good faith, but, through the sickness of his child and pressure of professional engagements, he neglected to serve the printed case within the forty days.
Decided 1887-03-25
¶1The default herein was regularly taken, and the counsel for defendants asks to have it opened and *387the case restored. We have looked into the return upon which the case would have to be argued in this court. It is very brief, and not an exception in it worthy of a moment’s consideration. The question as to the verdict being excessive cannot be reviewed here. Under these circumstances, the motion to open the default should be denied, with ten dollars costs.
¶2All concur.