Legal Opinion

Stern v. Fleck

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

Decided July 1, 1905PublishedCited by 4 opinions

Appeal by the defendant, August Fleck, from an order of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the plaintiff, entered on the 21st day of April, 1904, vacating and setting aside a judgment in favor of the defendant.

1Opinion of the Court

Willard Bartlett, J.:

The return on appeal shows that this action was tried before a Municipal Court justice without a jury on the 9th day of March, 1904, and on that day submitted to the justice for his decision and determination; that on the 31st day of March, 1904, a judgment was rendered in favor of the defendant for the sum of twenty dollars and dismissing the complaint on the merits, and that on the 21st day of April, 1904, an order was made vacating and setting aside the judgment on the ground that it was void because it had not been rendered within the time prescribed by statute. Among…

2Cases cited2 opinions

  1. Lamura v. HaggertyAppellate Terms of the Supreme Court of New York · 1900
  2. Penniman v. LaGrangeAppellate Terms of the Supreme Court of New York · 1898

3Cited by4 opinions

  1. Mosehauer v. JenkinsAppellate Division of the Supreme Court of the State of New York · 1908
  2. American Railway Express Co. v. EddyAlbany City Court · 1926
  3. Quinn v. SchneiderAppellate Terms of the Supreme Court of New York · 1906
  4. Mosehauer v. JenkinsAppellate Division of the Supreme Court of the State of New York · 1908

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