Johnson v. Manning
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Christina Johnson, from an order of the Municipal Court vacating and setting aside a judgment entered on the 11th day of October, 1901.
1Opinion of the Court
Jenks, J.:
The petition of the defendant shows that the judgment was recovered upon default. Under the present practice, such an appeal in the first instance would not lie. (Municipal Court Act [Laws *369of 1902, chap. 580], § 257.) But at the time this action was begun, and when the judgment was obtained, the plaintiff had the right of appeal from an order opening the default and setting aside his judgment. (Beebe v. Nassau Show Case Co., 41 App. Div. 456.) I think that this right was preserved in this case by section 361 of the Municipal Court Act. Without passing upon the various objections…
2Cases cited1 opinion
- Beebe v. Nassau Show Case Co.Appellate Division of the Supreme Court of the State of New York · 1899
3Cited by2 opinions
- Dutch v. ParkerAppellate Terms of the Supreme Court of New York · 1906
- Dutch v. ParkerAppellate Terms of the Supreme Court of New York · 1906