Moulton v. de ma Carty
The Superior Court of New York City
Appeal from an order made at a special term denying a motion to vacate a judgment. The motion was founded upon affidavits and the judgment roll in the above entitled action, and was to vacate and set aside the judgment therein “as null and void,” and was made on behalf of Gustave de ma Carty, who appeared for the purposes of said motion, only.
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Appeal from an order made at a special term denying a motion to vacate a judgment. The motion was founded upon affidavits and the judgment roll in the above entitled action, and was to vacate and set aside the judgment therein “as null and void,” and was made on behalf of Gustave de ma Carty, who appeared for the purposes of said motion, only. The roll filed December 22, 1849, contains a summons, dated November 30th, 1849, a complaint setting up two promissory notes made by the defendant, an affidavit stating service of summons and complaint on the 1st of December, 1849., an affidavit, made…
1Opinion of the CourtBarbour, J.
The moving party in this.case states in his affidavit that he is not the defendant named in the summons, ór any other of the papers in the judgment roll, the name given to the defendant there being different, essentially, from his own, and also that he was never served with the summons or complaint, and indeed had no knowledge of the commencement or existence of the action until July last. He does not deny that the plaintiff held the two notes, nor does he produce the usual affidavit of merits, although he says he “has” (in the present tense) “a good defense to such claim and notes, as he is…
2Cases cited6 opinions
- Dederick's Administrators v. RichleyNew York Supreme Court · 1838
- Menard's Heirs v. MasseySupreme Court of the United States · 1850
- Farnham v. HildrethNew York Supreme Court · 1860
- Cook v. DickersonThe Superior Court of New York City · 1853
- Soulden v. CookNew York Supreme Court · 1830
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Stuber v. SchuartzNew York Marine Court · 1877