Walker v. Muir
Appellate Division of the Supreme Court of the State of New York
Appeal by the - defendant, William Muir, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 21st day of April, 1908.
1Opinion of the Court
Hooker, J.:
This is an appeal by the defendant from an order denying his motion to discharge of record a judgment against him under the provisions of section 1268 of the Code of Civil Procedure. Plaintiff sued the defendant in the City Court of the city of Hew York in the year 1902 upon a cause of action ex contractu which would ordinarily be discharged by a discharge in bankruptcy. (Nat. Bankr. Act of 1898, § 17.)* Judgment was entered upon defendant’s default on April 19, 1902, and the default was opened on May 19, 1902, the plaintiff being required to serve her complaint within ten *164days…
2Cases cited1 opinion
- West Philadelphia Bank v. . GerryNew York Court of Appeals · 1887
3Cited by2 opinions
- In re BoardwayDistrict Court, N.D. New York · 1918
- In re HarringtonDistrict Court, N.D. New York · 1912