Freeman v. Demorest
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of the Bronx, Second District. Action by Le Roy G. Freeman against Horace E. Demorest. Judgment for plaintiff. From an order denying a motion to vacate the same, defendant appeals.
1Opinion of the CourtGiedersleeve, P. J.
This appeal comes up from an order denying the defendant’s motion to vacate a judgment, claimed by him to have been entered against him in favor of the plaintiff without the service of process. As we have already disposed of the appeal from the judgment (see appeal No. 86, 110 N. Y. Supp. 1080), it will not be necessary to determine what rights, if any, the defendant had, he having previously appealed from the judgment, to make the motion resulting in the order appealed from. This appeal will therefore be dismissed, with $10 costs to the respondent.
Appeal dismissed, with $10 costs. All concui.
2Cases cited1 opinion
- Freeman v. DemorestAppellate Terms of the Supreme Court of New York · 1908