New York Supreme Court November 7, 1889 (James v. McCreery)

Van Brunt, P. J.

The appeal in this ease seems to have been based upon the idea that a default is to be opened in every case as a matter of course. The motion is, we think, a mistaken one, ánd such motions should not be granted where the party applying has been guilty of loches, or where the denial of the motion will not do, under all the circumstances, an irreparable injury to the party in