Droege v. Herz
Appellate Terms of the Supreme Court of New York
Appeal by the defendants from a judgment in favor of the plaintiff rendered in the Municipal Court of the city of New York, seventh district, borough of Manhattan.
1Opinion of the CourtBischoff, J.
Upon the return day of the summons both parties appeared and the case was adjourned for trial. Upon the day fixed by the last of successive agreed adjournments, the plaintiff failed to appear, and the defendants took judgment of dismissal. Thereafter the justice, on notice, opened the plaintiff’s default and set the cause down for trial. Upon this appeal no question as to the merits is *347raised, and the contention of the appellants is that upon their objection to the jurisdiction of the court, they having appeared specially for this purpose, the justice was bound to dismiss the action.
The…
2Cases cited2 opinions
- Abrams v. FineAppellate Terms of the Supreme Court of New York · 1899
- Koerkle v. PangbornAppellate Terms of the Supreme Court of New York · 1900
3Cited by3 opinions
- Equitable Trust Co. v. WehrenbergAppellate Terms of the Supreme Court of New York · 1913
- Friedman v. CollinsAppellate Terms of the Supreme Court of New York · 1911
- Vesell v. SchreiberAppellate Terms of the Supreme Court of New York · 1907