Edel v. McCone
New York Court of Common Pleas
Appeal from tenth district court. Action by Charles Edel against Alexander C. McCone. Judgment was rendered dismissing the complaint, and plaintiff appeals.
1Opinion of the Court
Per Cubiam.
This action was commenced by the issuing of a summons November 27,1889, and, the defendant not being served, an alias was issued, and on the 13th of December, 1889, returned with proof of personal service. Defendant did not appear, and plaintiff took judgment by default for $52.50. On the 11th of January, 1890, the justice of that court, on the application of defendant, and on his affidavit setting forth that the summons had not been served upon him, granted an order to show cause why the judgment taken on the 13th of December should not be vacated and set aside. The only ground…
2Cited by3 opinions
- Friedberger v. StulpnagelAppellate Terms of the Supreme Court of New York · 1908
- Porter v. CreganAppellate Terms of the Supreme Court of New York · 1899
- Maltby-Henley Co. v. DeaneNew York Supreme Court · 1898