Vilas v. Plattsburgh & Montreal Railroad
New York Court of Appeals
These are appeals from orders of the General Term of the Supreme Court in the third judicial department, made February 4,1890, which affirmed orders of the Special Term denying motions to vacate a judgment of the Special Term in this action against defendant George B. Chase for the sum of $52,803.73, rendered June 4, 1880, and also the judgment of the General Term affirming said judgment, rendered July 21, 1883, and to set aside and vacate an appearance in said action for…
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These are appeals from orders of the General Term of the Supreme Court in the third judicial department, made February 4,1890, which affirmed orders of the Special Term denying motions to vacate a judgment of the Special Term in this action against defendant George B. Chase for the sum of $52,803.73, rendered June 4, 1880, and also the judgment of the General Term affirming said judgment, rendered July 21, 1883, and to set aside and vacate an appearance in said action for said Chase by John FT. "Whiting, as his attorney therein. One motion was made by Chase to vacate the judgments on the…
1Opinion of the CourtAndrews, J.
We understand that it has become the settled practice in this state that relief against a judgment rendered against a party upon the unauthorized appearance of an attorney in his name, is to be sought in a direct application to .the court by motion in the action in which the unauthorized appearance was entered. This was the remedy adopted in the leading case of Denton v. Noyes (6 Johns. 297), and in every subsequent case of a like character in this state which has come to our notice. (Grazebrook v. M'Creedie, 9 Wend. 437; Adams v. Gilbert, Id. 499 ; Campbell vi Bristol, 19 id. 101; American…
2Cases cited13 opinions
- Thompson v. WhitmanSupreme Court of the United States · 1874
- Ferguson v. . CrawfordNew York Court of Appeals · 1877
- Starbuck v. MurrayNew York Supreme Court · 1830
- Brown v. . NicholsNew York Court of Appeals · 1870
- Harshey v. BlackmarrSupreme Court of Iowa · 1866
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3Cited by4 opinions
- Prichard v. SigafusAppellate Division of the Supreme Court of the State of New York · 1905
- Comesky v. Postal Telegraph-Cable Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Mayor of New York v. SmithThe Superior Court of New York City · 1892
- Prichard v. SigafusAppellate Division of the Supreme Court of the State of New York · 1905