Hopkins v. Meyer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Julian H. Meyer and another, from ■so much of an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Queens on the 19th day of July, 1902, as imposes terms and conditions upon the granting of the defendants’ motion to vacate a judgment by default theretofore entered against them in the action.
1Opinion of the Court
Woodward, J. :
This action was called for trial on the 17th of February, 190$. At that time-affidavits were submitted on behalf of the defendants explaining their inability to proceed with the trial. These affidavits alleged that defendants’ attorney had been subpoenaed and was then in 'attendance at -a trial being held before the Supreme Court, where be was a material- and necessary witness. The case was held until two o’clock, when further affidavits were submitted in behalf of the defendants, but the case was ordered to trial, and defendants’ attorney appeared late in the day but did not…
2Cases cited3 opinions
- Humble v. McDonoughSuperior Court of Buffalo · 1893
- Bennett v. Matthews & WarrenNew York Supreme Court · 1872
- Gallagher v. MerrillAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by3 opinions
- National Millwork Corp. v. Preferred Mut. F. Ins. Co.District Court, E.D. New York · 1939
- Rockowitz v. SiegelAppellate Division of the Supreme Court of the State of New York · 1912
- Jaeger v. City of New YorkNew York Supreme Court · 1903