Legal Opinion

Smith v. Fleischman

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1897PublishedCited by 2 opinions

Appeal by the defendant,. Joseph Fleischmah, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of- the clerk of the county of Hew York on the 16th day of March, 189Y, denying, his ■ motion to resettle a prior order, made; by the same justice presiding at said Special Term.

1Opinion of the Court

Rumsey, J.:

The demand-for. relief in the notice, of motion to vacate the clerk’s certificate was for an order to vacate “ the clerk’s certificate contained in said appeal book, and ■ for such other or further relief, as to the court may seem, just and ’ proper.” The defendant did not appear upon the hearing of the. motion, and the order entered upon his: default vacated the clerk’s certificate, with ten dollars costs to the *533plaintiff against the defendant Fleisclnnan. This order was irregular. Where the default of the party has been taken under a notice of motion served upon him, the moving…

2Cases cited2 opinions

  1. Crippen v. IngersollNew York Supreme Court · 1833
  2. Northrop v. Van DusenNew York Supreme Court · 1850

3Cited by2 opinions

  1. In re the Trusteeship under a Certain Indenture of Mortgage MadeAppellate Division of the Supreme Court of the State of New York · 1906
  2. Lewis v. Jewish Guild for the BlindAppellate Division of the Supreme Court of the State of New York · 1969

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API