Spiropulos v. Magnioni
Appellate Terms of the Supreme Court of New York
■ Appeal by the defendant from an order of the Municipal Court of the city of ¡New York, second district, borough of Manhattan, opening a default and setting the case down for trial.
1Opinion of the CourtBischoff, J.
Asserting that he was not served with the summons, the defendant moved to set aside the judgment, and the motion was granted, with a further direction that the case be set down for trial upon a day certain. From so much of the order as contains the latter direction the defendant has appealed.
A motion to open a default and to set aside a judgment implies the existence of jurisdiction in the court to render the judgment. If no jurisdiction has been obtained, there has been no “ default ” through non-appearance-, and the statute, as it appears, has conferred upon the Municipal Court *91no power to…
2Cases cited2 opinions
- Austen v. Columbia Lubricants Co.Appellate Terms of the Supreme Court of New York · 1903
- Szerlip v. BaierAppellate Terms of the Supreme Court of New York · 1897
3Cited by3 opinions
- Friedberger v. StulpnagelAppellate Terms of the Supreme Court of New York · 1908
- Diehl v. SteeleAppellate Terms of the Supreme Court of New York · 1906
- Dixon v. CarrucciNew York Supreme Court · 1907