Johnson v. Manning
Appellate Division of the Supreme Court of the State of New York
Appeal from municipal court, borough of Brooklyn. Action by Christina Johnson against John J. Manning. From an order of a justice of the municipal court vacating a judgment against defendant, plaintiff appeals.
1Opinion of the CourtJenics, J.
The petition of the defendant shows that the judgment was recovered upon default. Under the present practice such an appeal in the first instance would not lie. Section 257, Municipal Court Act (chapter 580, Laws 1902). But at the time this action was begun, and when the judgment was obtained, the plaintiff had the right of appeal from an order opening the default and setting aside his judgment. Beebe v. Nassau Show Case Co., 41 App. Div. 456, 58 N. Y. Supp. 769. I think that this right was preserved in this case by section *739361 of the municipal court act. Without passing upon the various…
2Cases cited1 opinion
- Beebe v. Nassau Show Case Co.Appellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Dutch v. ParkerAppellate Terms of the Supreme Court of New York · 1906