Felix v. Josephthal
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from an order of the City Court of the city of ¡New York, vacating a judgment in favor of plaintiff.
1Opinion of the CourtGuy, J.
The summons and complaint herein were served on J anuary sixteenth. On the afternoon of J anuary twenty-second, defendants served a copy of an unverified answer, which was returned within twenty-four hours. The next day, no copy of a verified answer or demurrer having been served in time, the plaintiff entered judgment by default. The motion to vacate the judgment was granted, not as matter of discretion, but on the following ground: “ Sharp practice was attempted in this proceeding,. and the result is the biter is bitten. An answer having been served within time and having been returned for…
2Cases cited3 opinions
- Klenert v. IbaCity of New York Municipal Court · 1896
- McCarron v. CahillCity of New York Municipal Court · 1885
- Welsbach Commercial Co. v. PopperCity of New York Municipal Court · 1899