Szerlip v. Baier
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from, an order of the justice of the Fifth District Court, vacating a judgment which had been entered by default in plaintiff’s favor, and awarding judgment against her, and in favor of defendant,. Franz Baier, for $30 fees of the referee before whom the witnesses were examined, and their deposition taken for use upon the defendants’ motion to vacate; the judgment.
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Appeal by the plaintiff from, an order of the justice of the Fifth District Court, vacating a judgment which had been entered by default in plaintiff’s favor, and awarding judgment against her, and in favor of defendant,. Franz Baier, for $30 fees of the referee before whom the witnesses were examined, and their deposition taken for use upon the defendants’ motion to vacate; the judgment. The motion to vacate was upon the ground that the summons had never been served upon the moving party..
1Opinion of the CourtDaly, P. J.
A judgment was rendered in this action against the defendant in the District Court for want of appearance and answer, on proof of personal service of the summons. • He. moved, before the justice, to set aside the judgment upon the ground -that the summons had never been served, and the motion was ■granted. From the order granting the motion, this appeal is taken. The respondent questions the jurisdiction of the court to entertain -the appeal, upon the ground that the statute, under which the justice assumed to act, confers no power to open a judgment by default, except in cases where…
2Cases cited2 opinions
- Fitch v. DevlinNew York Supreme Court · 1853
- Burkhard v. SmithAppellate Terms of the Supreme Court of New York · 1896
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- Ludwin v. SianoAppellate Terms of the Supreme Court of New York · 1901
- Ludwin v. SianoAppellate Terms of the Supreme Court of New York · 1901