Bernstein v. Schoenfeld
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Morris Schoenfeld, from a judgment of the Supreme Court in favor of the plaintiff,, entered in the office of the clerk of the county of New York on the 17th day of April, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, adjudging that the judgment theretofore recovered by the defendant is not a lien upon property therein described and enjoining and restraining said defendant from asserting or enforcing any…
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Appeal by the defendant, Morris Schoenfeld, from a judgment of the Supreme Court in favor of the plaintiff,, entered in the office of the clerk of the county of New York on the 17th day of April, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, adjudging that the judgment theretofore recovered by the defendant is not a lien upon property therein described and enjoining and restraining said defendant from asserting or enforcing any lien thereon.
1Opinion of the Court
Ingraham, J.:
The action was brought to remove a cloud on the title of certain property owned by the plaintiff. On April 15,1901, the defendant obtained a judgment in the Municipal Court of the city of New York for $250.75. The summons in that action was entitled Morris Schoenfeld vs. “ Mrs. Dr. ‘ Annie ’ Maurer, first name being fictitious, real name unknown to plaintiff.” This summons was- served upon one Aurora Maurer. She appeared in the action and answered, and the plaintiff subsequently obtained a judgment. A transcript of that judgment, was filed with the county clerk on April. 15,…
2Cases cited5 opinions
- Mellen v. . MellenNew York Court of Appeals · 1893
- Pettit v. ShepherdNew York Court of Chancery · 1835
- King v. . TownshendNew York Court of Appeals · 1894
- Oakley v. Trustees of WilliamsburghNew York Court of Chancery · 1837
- Townsend v. Mayor of New YorkNew York Court of Appeals · 1879
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- Himmel v. Mutual Life InsuranceAppellate Terms of the Supreme Court of New York · 1916
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