Johnson v. Manning
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Christina Johnson, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the cleric of the county of Kings on the 3d day of April, 1902, granting the defendant’s motion for leave to file an amended notice of appeal and undertaking, and directing the plaintiff to make restitution of a certain sum collected by her upon a judgment against the defendant,
1Opinion of the Court
Jenks, J.:
On October 11, 1901, the plaintiff entered judgment by default in an action begun in a Municipal Court, filed a transcript of her judgment in the office of the county clerk of Kings county, and issued execution thereon. Supplementary proceedings followed the return of the execution. Pending such proceedings the defendant, on January 27, 1902, moved the Special Term to vacate the judgment and all proceedings thereon, on the ground of the improper service of *289the summons. The motion was denied and the defendant received notice of the entry of the order of denial on February 1, 1902. On…
2Cases cited4 opinions
- Lavalle v. . SkellyNew York Court of Appeals · 1882
- Fry v. BennettThe Superior Court of New York City · 1858
- Fry v. BennettThe Superior Court of New York City · 1858
- Schermerhorn v. . AndersonNew York Court of Appeals · 1848
3Cited by1 opinion
- Mossein v. Empire State Surety Co.Appellate Division of the Supreme Court of the State of New York · 1904