Schaettler v. . Gardiner
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas for the city and county of Hew York, affirming an order of Special Term denying motion to vacate judgment. This is a proceeding under the mechanics’ lien law of 1863, for the city of Hew York.
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Appeal from order of the General Term of the Court of Common Pleas for the city and county of Hew York, affirming an order of Special Term denying motion to vacate judgment. This is a proceeding under the mechanics’ lien law of 1863, for the city of Hew York. (Laws of 1863, p. 859.) It was commenced in the court of Common Pleas on the 15th day of June, 1868, by the service by the plaintiff upon the .defendant as contractor, and William H. Vanderbilt as owner, of a notice requiring them to appear and submit to an accounting. An order to plead was made on the same day, on plaintiff’s…
1Opinion of the CourtGrover, J.
The order in question is not appealable to this court. The appellant had not an absolute legal right to set aside or vacate the judgment upon motion, if the ground upon which he based it was sound. That ground was that the year having expired and the lien not having been continued had terminated before the making of the report by the referee, and that no proceeding could be had upon the reference or judgment rendered, after such termination of the lien. This, if true, would show that the judgment was erroneous, having been rendered illegally, but would not show it to be void. The court had…
2Cited by14 opinions
- Barry v. . Mutual Life Ins. Co. of N.Y.New York Court of Appeals · 1873
- Lovitt v. RussellSupreme Court of Missouri · 1897
- Snaith v. SmithNew York Court of Common Pleas · 1894
- People v. McLaughlinAppellate Division of the Supreme Court of the State of New York · 1896
- Hubbell v. SchreyerNew York Court of Common Pleas · 1873
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