Schallock v. Wood
Appellate Terms of the Supreme Court of New York
Appeal by defendant from an order denying a motion to vacate an order amending a judgment of the Municipal Court of the city of New York, borough of the Bronx, second district.
1Opinion of the CourtGuy, J.
The material facts in this case are undisputed. The plaintiff began an action in the Municipal Court, the summons containing the names of Samuel Wood and Jane Martin as defendants. The summons states that the name “Jane ” is fictitious. The summons was personally served upon the defendant. Whether or not the defendant Wood appeared is not shown nor is it material as the matters herein concern the other defendant only. Upon the day of trial the name of the defendant “Jane Martin ” was changed to “Adelina Martin ” and judgment was taken against her by default. This was in December, 1910. In…
2Cases cited7 opinions
- Spiegelman v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Leavitt v. KatzoffAppellate Terms of the Supreme Court of New York · 1904
- Corn v. HeymsfeldAppellate Terms of the Supreme Court of New York · 1912
- Cohen v. Ridgewood Shirt Co.Appellate Terms of the Supreme Court of New York · 1903
- Jacobsohn v. SemelAppellate Terms of the Supreme Court of New York · 1911
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