Legal Opinion

Kene v. Hill

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

Decided July 1, 1905PublishedCited by 1 opinion

Appeal by the defendants, Rosalie L. Hill, individually, and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 26th day of October, 1904, upon the decision of the court rendered after a trial at the Kings County Special Term. .

1Opinion of the Court

Willard Bartlett, J.:

The judgment appealed from was rendered against the defendants Mertil Luikert and Leopold A. Weill on account of their failure to answer herein; and against the defendant Rosalie L. Hill on the ground that her answer 'was frivolous. In opposition to the motion for judgment it was contended that the Supreme Court was precluded from entertaining it by reason of a stay of proceedings in bankruptcy in the United States District Court; but we think that the learned judge at Special" Term was right in holding that the stay had expired.

The motion for judgment upon the answer of…

2Cases cited2 opinions

  1. Schenck v. . BarnesNew York Court of Appeals · 1898
  2. Dancel v. Goodyear Shoe Machinery Co. of Portland, MainAppellate Division of the Supreme Court of the State of New York · 1902

3Cited by1 opinion

  1. Dillon v. SpiloAppellate Division of the Supreme Court of the State of New York · 1937

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