Murphy v. Wilson
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of the Bronx; Second District. Action by Edward D. Murphy and another against William Wilson. From an order denying a motion to vacate a judgment, defendant appeals.
1Opinion of the CourtGuy, J.
[1] Much of the appellant’s brief is devoted to showing that the summons served upon him was not signed by the clerk •of the Municipal Court, but by another person. It clearly appears, however, that he was represented in court upon the return day of the summons and that his attorney had arranged with the plaintiff’s attorney to have the cause adjourned for trial from December 11th to December 18th. This voluntary appearance waived any defect in the summons served, and conferred jurisdiction upon the court below. The order appealed from provided that the judgment be vacated and set aside, and…
2Cases cited1 opinion
- Whitman & Barnes Mfg. Co. v. HamiltonAppellate Terms of the Supreme Court of New York · 1899