Otten v. Stromeyer

The proceeding under the order of June 6, 1929, had lapsed, although the proceeding had not been formally terminated. The order of Mr. Justice Bleakley of July 26, 1929, made upon the judgment debtor’s motion and founded upon a claimed default of the judgment creditor in faffing to appear on July 26, 1929, was ineffectual to formally terminate the proceeding under the order of June 6, 1929, because the order of Mr. Justice Bleakley was based upon an adjournment which had not been ordered by the court. Such an adjournment could not be utilized by the judgment creditor to take a default of the…