Legal Opinion
Rutherford v. Krause
New York Supreme Court
Decided April 15, 1894PublishedCited by 2 opinions
Motioh to set aside judgment entered, as upon default, for want of verification of the answer.
1Opinion of the CourtForbes, J.
The complaint is based upon an action for negligence for wrongfully and immoderately driving a team ■of horses upon the public highway while, it is claimed, the plaintiff was intoxicated or drunk. It is also claimed that the horses were injured by such driving and that the vehicle used was broken and destroyed.
The complaint is verified, and was served on the 21st day of June, 1893.
An answer in behalf of this defendant was interposed and *548served, without verification, about the 1st day of July, 1893. This answer was returned because it was not verified, and a. judgment was entered as upon a…
2Cases cited5 opinions
- Hill v. . the PeopleNew York Court of Appeals · 1859
- Thomas v. SmithNew York Supreme Court · 1894
- Friess v. New York Central & H. R. RailroadNew York Supreme Court · 1893
- Dehn v. MandevilleNew York Supreme Court · 1893
- Goff v. Star Printing Co.New York Supreme Court · 1888
3Cited by2 opinions
- People ex rel. Freel v. DownsNew York City Magistrates' Court · 1911
- King v. TerwilligerAppellate Division of the Supreme Court of the State of New York · 1940