Bullard v. . Sherwood
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made October 5, 1880, reversing an order of Special Term which denied a motion on the part of defendant Sherwood, for a modification of the judgment entered herein, by striking out the interest allowed, and granting the relief asked for. (Reported below, 22 Hun, 462.) This action was brought by plaintiff, an attorney, to recover for professional services and disbursements.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made October 5, 1880, reversing an order of Special Term which denied a motion on the part of defendant Sherwood, for a modification of the judgment entered herein, by striking out the interest allowed, and granting the relief asked for. (Reported below, 22 Hun, 462.) This action was brought by plaintiff, an attorney, to recover for professional services and disbursements. The complaint stated the value of the services and the expenses, and asked judgment for the amount, Avith interest upon the items…
1Opinion of the CourtFinch, J.
Judgment in this case was taken by default. Its entry 'by the clerk was an exact and literal compliance with the provisions of the Code. That directs, in a case where application to the court is unnecessary, and where the summons and complaint have been personally served, and the latter is verified, that the judgment be entered for the sum demanded in the complaint, unless the plaintiff chooses to dictate a smaller sum, and for this purpose the clerk is -authorized to compute interest if necessary. The party, therefore, who makes default in presence of these provisions practically consents…
2Cases cited2 opinions
- Argall v. . PittsNew York Court of Appeals · 1879
- Lillie v. ShermanNew York Supreme Court · 1870
3Cited by15 opinions
- McClelland v. Climax Hosiery MillsNew York Court of Appeals · 1930
- Bassett v. FrenchNew York Court of Common Pleas · 1895
- Utah Ass'n of Credit Men v. BowmanUtah Supreme Court · 1911
- City Trust, Safe Deposit & Surety Co. of Philadelphia v. American Brewing Co.New York Court of Appeals · 1905
- Thomas-Halvorson Lumber Co. v. McRellSupreme Court of Minnesota · 1926
10 more not listed; retrieve them via the Exa API.