Angier v. Hager
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Minnie R. Hager, from an order of the Supreme Court, made at the Clinton Special Term and entered in the office of the clerk of the county of Saratoga on the 25th day of July, 1899, denying her motion to vacate an order discontinuing this action, granted upon plaintiffs’ motion without notice to the defendant.
1Opinion of the Court
Parker, P. J.:
The question presented in this case is whether, in an action at law, when - an answer has been served which sets up no counterclaim, nor any affirmative defense, the plaintiff, upon an ex farte application to the court,' may be granted an order discontinuing the action upon payment of costs.
The defendant urges iipon us that obtaining an order to discontinue is a “ proceeding in an action,” and thaf, having appeared, she was entitled to notice of every subsequent proceeding taken. As authority for that proposition she cites Lochte v. Moeschler (12 N. Y. St. Repr. 763) and…
2Cases cited6 opinions
- Matter of Petition of ButlerNew York Court of Appeals · 1886
- Seaboard & Roanoake R. R. Co. v. WardNew York Supreme Court · 1854
- Wooster v. BurrNew York Supreme Court · 1829
- Harrington v. LibbyNew York Court of Common Pleas · 1875
- Cooke v. BeachNew York Supreme Court · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Davidson v. ReamNew York Supreme Court · 1916
- Bissell v. Village of WilliamsvilleNew York Supreme Court · 1931
- Blevins v. BlevinsNew York Supreme Court · 1928
- Angier v. HagerAppellate Division of the Supreme Court of the State of New York · 1900