Dutton v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Stephen A. Dutton, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 30tli day of December, 1895, upon the decision of the court rendered after a trial at the Kings County Special Term dismissing the complaint.
1Opinion of the Court
Cullen, J.:
This action is brought to set aside a judgment recovered by the defendant Lewis M. Smith against the plaintiff, and entered in the county of Chemung for a sum of money, upon the ground that the plaintiff in this action was never served with the summons nor appeared in the action. After the entry of the judgment the plaintiff moved in that action to vacate the judgment upon the ground above recited. On that motion a reference was had, witnesses were produced and testimony taken before a referee, and the referee reported that the present plaintiff had in fact been served with…
2Cases cited10 opinions
- Ferguson v. . CrawfordNew York Court of Appeals · 1877
- York v. TexasSupreme Court of the United States · 1890
- Riggs v. . PursellNew York Court of Appeals · 1878
- Dwight v. . St. JohnNew York Court of Appeals · 1862
- Demarest v. . DargNew York Court of Appeals · 1865
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- In re the Judicial Settlement of the Account of the Long Island Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Fuhrmann v. FanrothNew York Court of Appeals · 1930
- Sisney v. DiffenderfferSupreme Court of Pennsylvania · 1936
- In re the Estate of GallAppellate Division of the Supreme Court of the State of New York · 1899
- Malone v. CitarellaAppellate Division of the Supreme Court of the State of New York · 1959
8 more not listed; retrieve them via the Exa API.