Carr v. Cunningham

This proceeding relates to a default judgment entered in Chemung County Clerk’s office on the 7th day of February, 1949, at 12:56 p.m. in Volume 50 of Judgments at page 29 for the sum of $721.05 damages and $18.25 costs amounting in all to $739.30.

Defendant moves for an order vacating and setting aside the said judgment on the ground that the judgment roll consists only of two affidavits and a statement of judgment and costs on a Williamson law blank form No. 262, and that no summons, no summons and notice, no complaint in writing,, and no statement in writing assessing damages were included…