Gilman v. Augustus Prentice
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made June 3, 1889, which affirmed a judgment in favor of defendants entered on the report of a referee. This action ivas brought to set aside a judgment. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made June 3, 1889, which affirmed a judgment in favor of defendants entered on the report of a referee. This action ivas brought to set aside a judgment. The facts, so far as material, are stated in the opinion. The plaintiff is entitled to have the judgment entered against her upon an unauthorized appearance by an irresponsible attorney, together with all proceedings pursuant to said judgment, including the execution sale, the redemption and the sheriff’s deed, absolutely set aside.…
1Opinion of the CourtParker, J.
Before any evidence was taken, the defendant Tucker moved to dismiss the complaint. The motion was not passed upon, the referee reserving his decision.
After the plaintiff rested, the defendant again made a motion to dismiss the complaint, but no ruling was made, the referee again reserving decision.
The defendants thereafter introduced evidence, both oral ■and documentary, in support of their position, and rested. The motion to dismiss the complaint was not then nor thereafter renewed.
The plaintiff called several witnesses in rebuttal, and was permitted to amend his complaint on terms, after…
2Cases cited4 opinions
- Place v. . HaywardNew York Court of Appeals · 1889
- Wood v. . LaryNew York Court of Appeals · 1891
- Forbes v. ChichesterNew York Court of Appeals · 1891
- Bridger v. . WeeksNew York Court of Appeals · 1864
3Cited by7 opinions
- Raabe v. . SquierNew York Court of Appeals · 1895
- Smith v. . GeigerNew York Court of Appeals · 1911
- Ware v. . Dos PassosNew York Court of Appeals · 1900
- Ventimiglia v. . EichnerNew York Court of Appeals · 1914
- Baker v. MooreNew York Supreme Court · 1895
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