Opinion
Appeal from the Twelfth District.
COUNSEL:
B. S. Brooks, for Appellants, cited Sedgw. Const. and Stat. Const. 438; Mayor of New York v. Furze, 3 Hill, 612, and cases there cited.
Tompkins & Compton, for Respondent, cited Haight v. Green, ante; Fowler v. Collyer, 2 E. D. Smith, 125; Mulhom v. Hyde , 3 Id.; Bruge v. Baker, 4 Abb. 11.
JUDGES: Cope, J. delivered the opinion of the Court. Field, C. J. concurring.
OPINION
COPE, Judge
This is an appeal from an order refusing to set aside a judgment on the ground of surprise. The application was addressed to the legal discretion of the Court; and upon the affidavits before us, we cannot undertake to say that this discretion has been improperly exercised. The recent case of Haight v. Green is decisive of the matter.
Order affirmed.