Kellock v. Dickinson
Appellate Division of the Supreme Court of the State of New York
Appeal by tlie plaintiff, William II. Kellock, from an order of the County Court of Westchester county, made at a Special Term of said court and entered in the office of the clerk of the county of Westchester on the 28th day of March, 1896, opening the defendant’s default taken before a justice of the peace, and vacating the judgment entered thereon.
1Opinion of the Court
Hatch, J.:
The moving papers contained in the record present a case warranting the order made if the court possessed jurisdiction to make it. The papers show that after the default was taken defendant appealed from the judgment entered thereon to the County Court of Westchester county. After the appeal was taken and before any return was made therein by the justice, or before the time had expired in which the justice was required to make his return, as provided by section 3053 of the Code of Civil Procedure, defendant made a motion and obtained an order to show cause why the judgment should…
2Cases cited1 opinion
- Kelly v. BrowerNew York Court of Common Pleas · 1857
3Cited by7 opinions
- Beebe v. Nassau Show Case Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Campbell v. LumleyAppellate Terms of the Supreme Court of New York · 1898
- Albertson v. Behrend Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Cahaney v. O'Brien, New York County Courts1934
- Burbank v. Van DamAppellate Division of the Supreme Court of the State of New York · 1898
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