
    John H. Oeters, Plaintiff, v. John Groupe et al., Defendants.
    It was decided in this case, that, if on an appeal the appellant fails to make a case, and fails to appear on the argument, the respondent may take a judgment of affirmance.
    Heard, at General Term, before Boswobth, Ch. J., and Moncrief, Robertson, White, and Monell, J. J.,
    October 25, 1862;
    decided November 8, 1862.
    See the point decided, in the index to this volume, under the title, “ Practice — Appeal.”
   And see the motion to set aside a judgment of affirmance reported at length, with the opinion of the Court at General Term, in 15 Abbotts’ Pr., 263.  