Macomber v. Mayor of New York
The Superior Court of New York City
Motion to vacate judgment, and for leave to answer. This action was brought by Sanford L. Macomber against The Mayor, Aldermen, and Commonalty of the city of Mew York, to recover $538, the compensation due plaintiff as assistant keeper of one of the corporation yards. The facts are fully stated in the opinion. The motion was made by Robert T. Haws, comptroller.
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Motion to vacate judgment, and for leave to answer. This action was brought by Sanford L. Macomber against The Mayor, Aldermen, and Commonalty of the city of Mew York, to recover $538, the compensation due plaintiff as assistant keeper of one of the corporation yards. The facts are fully stated in the opinion. The motion was made by Robert T. Haws, comptroller. The motion was heard upon an order to show cause “ why the judgment entered in this action should not be vacated, and why the defendants should not be permitted to file an answer to the complaint, and why the issues to be joined in…
1Opinion of the CourtHoffman, J.
—This is a motion on behalf of the comptroller of Mew York to open a judgment obtained by the plaintiff against the defendants, on the 16th of December, 1859, for the sum of $551.57.
*38On the 15th of Movember, 1859, the summons and complaint were served upon Daniel F. Tieman, then mayor of the city, by leaving copies of the same at his office, in the City Hall, with Mr. Auld his clerk, the mayor being temporarily absent. The receipt of the same, it is stated on information and belief, was noted in a book kept in the office. The copy served has been seen in the office of the present counsel to…
2Cases cited13 opinions
- Conner v. . the Mayor, C. of New YorkNew York Court of Appeals · 1851
- Clute v. CluteNew York Supreme Court · 1847
- Cook v. DickersonThe Superior Court of New York City · 1853
- Thomas v. TannerNew York Supreme Court · 1856
- Renouil v. HarrisThe Superior Court of New York City · 1849
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3Cited by4 opinions
- Levy v. GoldbergWisconsin Supreme Court · 1876
- In re Kemmler, New York County Courts1889
- De Mott v. KendrickNew York Supreme Court · 1892
- People ex rel. Kemmler v. DurstonNew York County Court, Cayuga County · 1889