¶1This is a motion to dismiss the appeal on the ground that this court has no jurisdiction to entertain it. The special term of the city court made an order opening a default suffered by the appellant, from which an appeal was taken to the general term of that court, where the order of the court below was reversed. The general term of the city court had the undoubted *728right to review the facts connected with the default, and its opening, and to reverse, if, in its judgment, it thought proper. But we have repeatedly held that we cannot review the facts in such a case, being in all respects bound by the same conditions which prevail in like cases in the court of appeals. The appeal must therefore be dismissed, with costs.
28 N.Y.S. 727
Tooker v. Booth
New York Court of Common Pleas
Decided May 17, 1894
New York Court of Common Pleas · decided 1894-05-17
Action by Joseph H. Tooker and others against Marion Booth. A default suffered by defendant was opened by the special term of the city court. The order of the special term was reversed by the . general term of the city court (27 N. Y. Supp. 974), and defendant appeals. Plaintiffs move to dismiss the appeal. Granted.
Decided 1894-05-17