Lawson v. Hilton
Appellate Division of the Supreme Court of the State of New York
■ Appeal by the defendant, Thomas F. Adams, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 23d day of May, 1903, denying the said defendant’s motion to open his default ancl to restore the case to the calendar.
1Opinion of the Court
Woodward, J.:
This action was brought to foreclose a mortgage given by Dawson B. Hilton and Gustav Levy to the plaintiff in connection with a building loan contract. Issue was duly joined in the case, it was placed upon the calendar and was adjourned over owing to illness on the part of plaintiff’s attorney. It was subsequently restored to the Special Term calendar, and on the 5th day of May, 1903, the case appeared upon the day calendar. No one appearing on behalf of the defendant a default was taken, arid subsequently an inquest was taken and a judgment procured. On the motion to set aside…
2Cases cited1 opinion
- Bassett v. . FrenchNew York Court of Appeals · 1898
3Cited by5 opinions
- Dugenske v. DugenskeWisconsin Supreme Court · 1977
- In re BurkeAppellate Division of the Supreme Court of the State of New York · 1908
- Schmitt v. PietrangeloAppellate Division of the Supreme Court of the State of New York · 1955
- Skidmore v. SkidmoreAppellate Division of the Supreme Court of the State of New York · 1914
- Schmidt v. BrennanAppellate Division of the Supreme Court of the State of New York · 1913