Henschel v. Everett
New York Supreme Court
Appeal by the defendant from a judgment and orders of the Municipal Court of the city of New York, first district, borough of Manhattan.
1Opinion of the Court
Per Quriam.
On October 28, 1909, the plaintiff obtained a judgment against the defendant herein upon an inquest and by default. On October 29, 1909, on motion duly noticed, the trial justice indorsed upon the motion papers this decision: “ Default opened upon payment of $5 costs within three days. Set for November 22nd by consent,” and signed his name thereto. Such indorsement is declared by Rule 3 of the Municipal Court Rules to be sufficient as an order of that court. The costs thus awarded not having been paid within three days, on November 8, 1909, the plaintiff entered an ex parte order…
2Cases cited2 opinions
- Koransky v. GreenbergAppellate Division of the Supreme Court of the State of New York · 1910
- Mitchell v. MenkleNew York Court of Common Pleas · 1856
3Cited by1 opinion
- Goldstein v. FrumkesAppellate Terms of the Supreme Court of New York · 1911