3 E.D. Smith 120
New York Court of Common Pleas
Decided May 15, 1854
New York Court of Common Pleas · decided 1854-05-15
Oh the return'of a summons, issued from the First District Court, the parties appeared by counsel and joined issue in an action for negligence. The trial was adjourned, and the parties again appeared and took a further adjournment to an appointed day, at nine a.m., when the plaintiff produced his testimony and recovered judgment in the defendant’s absence..
Decided 1854-05-15
¶1A defendant who has once appeared in the court below cannot ■ apply to this court to relieve him from a default subsequently taken against him. We have.; no power, to. set aside or suspend the judgment except in a case where the defendant has failed to appear in the cause..
¶2The judgment.must be affirmed.