Empire Hardware Co. v. Young
Appellate Terms of the Supreme Court of New York
Appeal from a judgment, in favor of the "plaintiff, rendered in the Municipal Court of the city of Hew York, borough of Manhattan, for the first district.
1Opinion of the CourtLeventritt, J.
The plaintiff recovered judgment by default •on the nonappearance of the defendant; execution was issued and: the amount, claimed thereunder was paid under protest.
The defendant appeals alleging error in fact in the proceedings, not affecting the merits of the action and not within the knowledge •of the justice. Code Civ. Pro., § 3057. The error assigned is the nonservice of the summons. Under the sanctioned practice the matter is presented for our determination in the first instance on" •opposing affidavits. While the application" to open the default-might originally have "been addressed to…
2Cases cited3 opinions
- Hayes v. . NourseNew York Court of Appeals · 1887
- Clowes v. DickensonCourt for the Trial of Impeachments and Correction of Errors · 1826
- Szerlip v. BaierAppellate Terms of the Supreme Court of New York · 1897
3Cited by5 opinions
- Lindenborn v. VogelAppellate Division of the Supreme Court of the State of New York · 1909
- Grand River Dam Authority v. EatonSupreme Court of Oklahoma · 1990
- Grand River Dam Authority v. EatonSupreme Court of Oklahoma · 1990
- Hogan v. GaultAppellate Terms of the Supreme Court of New York · 1907
- Kinsey, Ranier & Thompson, Inc. v. BerrimanAppellate Terms of the Supreme Court of New York · 1902