Wolchock v. Tombarelli
Appellate Terms of the Supreme Court of New York
Appeal from municipal court, borough of Manhattan. Action by Samuel Wolchock against Giovanni Tombarelli. From an order vacating a judgment against plaintiff, he appeals.
1Opinion of the Court
PER OURIAM.
The order appealed from, which vacated and set aside a judgment against the plaintiff absolutely, omitted to set the case down for pleading, hearing, or trial. Such an order is unauthorized in the municipal court. Manufacturing Co. v. Catharine, 25 Misc. Rep. 338, 55 N. Y. Supp. 475. The reason given by the justice for making the order, to wit, that the defendant was not a resident of the county, is not sufficient. Worthington v. Accident Co. (N. Y.) 58 N. E. 102.
The order appealed from must be reversed, with $10 costs to appellant.
2Cases cited2 opinions
- Worthington v. London Guarantee & Accident Co.New York Court of Appeals · 1900
- Gormully & Jeffery Manufacturing Co. v. CatharineNew York Supreme Court · 1898