Bigelow v. Drummond
Appellate Division of the Supreme Court of the State of New York
Appeal'by the plaintiffs, Clarence O. Bigelow and others,.'as and constituting the State Board of Pharmacy, from an order of the Supreme Court, made at the Onondaga Special Term and entered in the office of the clerk of the county of Jefferson on the.5th day of July, 1905, denying the plaintiffs’ motion to open' ¡default as a matter of right, ,
1Opinion of the Court
Nash, J.:
The action was brought in the Supreme Court to recover penalties under the Public Health Law (Laws of 1893., chap. 661, art 11, as amd. by Laws of. 1900, chap. 66J).
Tssues of; law and issues, of fact were . joined in the action, An issue of -law raised by demurrer to one of the defenses set up in the answer has been decided in favor of the plaintiffs^ with posts awarded to the plaintiffs absolutely^ and taxed, leaving the issues of fact *133undisposed of; thereafter defendant obtained an order dismissing the complaint upon default. The plaintiffs then made the motion in which the order…
2Cases cited3 opinions
- Bernheimer v. HartmayerNew York Supreme Court · 1901
- Cassavoy v. PattisonAppellate Division of the Supreme Court of the State of New York · 1905
- Maeder v. WexlerAppellate Terms of the Supreme Court of New York · 1904
3Cited by2 opinions
- Sayre v. Progressive Construction & Leasing Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Will v. BarnwellNew York Supreme Court · 1909