Mott v. Mott
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Augustus Mott, from an order of the Supreme Court, made at the Suffolk Special Term and entered in the office of the clerk of the county of Nassau on the 3d day of August, 1908, opening a default and restoring the case to the calendar.
1Opinion of the Court
Hirschberg, P. J.:
The appellant presents but a single point on the appeal herein, and that is to the effect that the Special Term of the Supreme Court is without power to make an order opening a default suffered at a Trial Term. He relies on the case of Warth v. Moore Blind Stitcher <& Overseamer Co. (125 App. Div. 211) as authority for the proposition that the only remedy where a default has been taken at the Tidal Term is to appeal from the order. In that case, however, the court at Special Term refused to open an alleged default, and its action was affirmed by this court on the merits. In…
2Cases cited9 opinions
- United States v. RitchieSupreme Court of the United States · 1855
- Herbert Land Co. v. LorenzenAppellate Division of the Supreme Court of the State of New York · 1906
- Warth v. Moore Blind Stitcher & Overseamer Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Ogden v. PayneNew York Supreme Court · 1825
- Hamilton v. HamiltonAppellate Division of the Supreme Court of the State of New York · 1898
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3Cited by11 opinions
- Vanderhorst v. VanderhorstAppellate Division of the Supreme Court of the State of New York · 1953
- Puterman v. PutermanWyoming Supreme Court · 1949
- Price v. PriceAppellate Division of the Supreme Court of the State of New York · 1930
- Milner v. MilnerAppellate Division of the Supreme Court of the State of New York · 1952
- Fox v. FoxAppellate Division of the Supreme Court of the State of New York · 1911
6 more not listed; retrieve them via the Exa API.