Hopkins v. Meyer
Appellate Division of the Supreme Court of the State of New York
Order reversed, without costs of this appeal to either party, and without prejudice to a renewal of the application at Special Term. —Appeal by the plaintiff from,an order of the Supreme Court, entered in the office of the clerk of Queens county on the 11th day of April, 1902, opening the default of the defendants and vacating the judgment thereon.
1Per curiam
The manifest purpose of this appeal is to procure a review of the questian as .to whether the trial court.had power to render judgment upon the pleadings in this action without proof of the allegations of the complaint. The record, however, is in a condition which precludes a determination of that question at this time. The motion to open the default was brought on upon an order to show cause which recites that it is made upon affidavits thereunto annexed, and upon all the pleadings, papers and proceedings in the action. The affidavits, however, are omitted from the appeal book, which…
2Cited by1 opinion
- Hopkins v. MeyerAppellate Division of the Supreme Court of the State of New York · 1902