
    DANIEL W. WHITNEY and JERUTIA WHITNEY, his wife, Appellants, v. RANDOLPH W. TOWNSEND, Respondent.
    
      Laches — what constitutes — Judgment, setting aside of, to enable a party to appeal— Code, § 147.
    Tlie complaint was dismissed at Special Term in 1867, and the plaintiff appealed to the General Term, where judgment was affirmed, with costs. Judgment of affirmance was entered in November, 1872, but no judgment for costs was entered or docketed. In January, 1875, the plaintiff moved to set aside the judgment, for irregularity. Held, that the plaintiff had] been guilty of gross laches, and was not entitled to the relief sought. Held, also, that the court cannot set aside a judgment to enable a party to appeal, when the time to appeal has expired. (Cotes v. Smith, 29 How. Pr., 327, and cases cited per Mason, J.; Salles v. Butler, 27 N. Y., 638; Humphrey v. Chamberlain, 11 N. Y., 274, and cases cited at page 652 of Wait’s Code; Bryant v. Bryant, 4 Abb. [N. S.], 188.)
    Appeal from an order of the Special Term denying a motion to set aside a judgment for irregularity.
    
      II. -L. Olinton and II. E. Davies, for the appellants. A. J. Vanderpoel and A. E. Dyett, for the respondent.
   Opinion by

Davis, P. J.

Ready and Daniels, JJ., concurred.

Order affirmed, with costs.  