¶1We decided last term that this section does not apply to notice of argument, and a default cannot be taken at a general term for which the appeal is not noticed.
¶2The case must go over.
¶3 Present, Leonard, P. J., Clerke and Barnard, JJ.
19 Abb. Pr. 363
Walsh v. Gregory
Decided May 15, 1865
New York Supreme Court · decided 1865-05-15
In this action, an order had been made directing a commit mitment for disobedience of an injunction, and from this order the defendant appealed. The appeal was placed on the non-enumerated calendar for the February term, and a notice of motion to dismiss the appeal and also of argument was served by the respondent’s attorney for that term, but no notice was served by him for the present term. When the case was called for argument at the present term,
Decided 1865-05-15