Schenck v. McKie
New York Supreme Court
—"Willard, Justice. A motion is made on*!he part of the defendant to set aside a judgment by default, entered by the plaintiff in the Montgomery clerk’s office, on the 29th October last. The defendant contends that the judgment was irregularly entered.
1Opinion of the Court
The first point to be determined on the question of regularity is, when the summons and complaint were served. Mr. Ingalls, the defendant’s attorney, swears that the summons and complaint were "brought to him by the defendant on the 21st September last, and that McKie informed him that they were served on the 19th September. The attorney does not swear to his belief of the truth of this information; and McKie, the defendant, although he has made an affidavit in the cause, is entirely silent *247as to when those papers were served on him. The complainant swears positively that they were served by…
2Cases cited1 opinion
- Corning v. GillmanNew York Court of Chancery · 1846
3Cited by7 opinions
- Van Aernam v. WinslowSupreme Court of Minnesota · 1887
- Moore v. BesseCalifornia Supreme Court · 1868
- Gay v. UlrichsAppellate Division of the Supreme Court of the State of New York · 1910
- Kuh v. GoldmanAppellate Division of the Supreme Court of the State of New York · 1907
- Byron v. La Mura Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1919
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