Oakes v. High
New York Court of Common Pleas
Appeal from special term. Action by Mary Oakes against James M. High and others, to recover damages for an alleged breach of contract. From an order denying a motion to correct the judgment, plaintiff appeals. Affirmed.
1Opinion of the CourtBookstaver, J.
This action was commenced in the district court, where it .is claimed an order was made allowing the plaintiff to prosecute as a poor person, and the original summons, it is claimed, was marked “Free.” But it appears by the affidavit of defendants’ attorney that, up to the service of the notice of motion to set aside or correct the judgment, neither he nor the defendants had any knowledge that any order was entered allowing plaintiff to sue or carry on the action as a poor person. It also appears by the copy summons served on defendants that it was an ordinary district court summons, and is…
2Cited by1 opinion
- State v. PieskiSupreme Court of Missouri · 1913