Cunningham v. Hatch
New York Court of Common Pleas
Appeal from special term. Action by James Cunningham against Annie L. Hatch and others to foreclose a mechanic’s lien. Defendants appeal from an order vacating a judgment by default, and requiring the defendants to return a deposit made to the-county clerk for the purpose of discharging the lien, and which was withdrawn by defendants after judgment.
1Opinion of the CourtPryor, J.
On the 19th of April, 1889, the plaintiff duly acquired a mechanic’s lien on property of the defendants. On the 15th of July, 1889, the defendants discharged the lien by a deposit with the county clerk. On the 24th of February, 1890, the plaintiff commenced this action to enforce the lien, but, failing to appear at the trial, judgment by default was entered dismissing bis complaint. Thereupon the defendants withdrew the deposit from the clerk’s office. But, on application to the court at special term, the plaintiff was relieved of his default, the judgment against him vacated, and the…
2Cited by3 opinions
- Atlantic Terra Cotta Co. v. Rubenfield Construction Corp.New York Supreme Court · 1926
- Cunningham v. HatchNew York Court of Common Pleas · 1893
- In re DeanNew York Supreme Court · 1894