Duche v. Voisin
New York Supreme Court
Motion to open judgment by default, and for leave to come in and defend. This action was brought upon an account stated. On October 23, 1886, the plaintiff procured an attachment of defendant’s property upon the ground that he had departed from the State with intent to defraud his creditors, and an order for publication of summons was duly made.
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Motion to open judgment by default, and for leave to come in and defend. This action was brought upon an account stated. On October 23, 1886, the plaintiff procured an attachment of defendant’s property upon the ground that he had departed from the State with intent to defraud his creditors, and an order for publication of summons was duly made. Upon the completion of the service of summons by publication for the requisite period, judgment was entered against the defendant by default, January 14, 1887. Subsequently the defendant made this application to open the default, alleging “ that no…
1Opinion of the CourtAndrews, J.
It does not appear from the papers when the defendant returned to the city. The order for publication, for aught that appears, was duly and regularly made, and, even if defendant returned before the time for publication expired, there is no provision of the Code, so far as I am aware, which made it necessary that the papers should be served upon the defendant personally because of such a return. The judgment was regularly entered, and the defendant can only come in as matter of favor.
No proper affidavit of merits is presented, nor is any very good reason given why the default should be…
2Cited by2 opinions
- Headdings v. GavetteAppellate Division of the Supreme Court of the State of New York · 1903
- Headings v. GavetteAppellate Division of the Supreme Court of the State of New York · 1903