Department of Health v. Babcock
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by the department of health of the city of New York against Samuel Babcock. From an order vacating a judgment for plaintiff, it appeals. Reversed.
1Opinion of the CourtFreedman, P. J.
The return on this appeal shows that this action was begun by service of a summons upon “Mr. Goldman, as per instructions”; that on September n, 1895, the plaintiff appeared by his attorney, and complained of the defendant in an “action for a penalty”; that the defendant appeared by G. M. L. Goldman, but what answer was interposed is not shown; that the pleadings were oral, and the case was adjourned until September 18, 1895; that on the last-named day “the parties appeared in person and by their respective counsel, and proceeded to a trial of the issues”; that on said September 18, 1895, a…
2Cases cited2 opinions
- Oakley v. Working Men's Union Benevolent SocietyNew York Court of Common Pleas · 1859
- People ex rel. Allen v. MurrayThe Superior Court of the City of New York and Buffalo · 1893