Maltby v. Greene
New York Court of Appeals
. The judgment in this case was rendered in- the county court of Erie county, on 30th April, 1859, under the provisions of the mechanics’ lien law.
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. The judgment in this case was rendered in- the county court of Erie county, on 30th April, 1859, under the provisions of the mechanics’ lien law. The specifications and papers required by the statute were filed in the cleric’s office, on 24th December, 1858. On 23d of February, 1859, a notice requiring the defendant to appear in the county court, on the fourth Monday-of March, and submit to an accounting, was served on defendant, dated 22d February, 1859. The affidavit of service of notice states the service to have been made 28th March, 1859. The defendant did not appear on the day fixed…
1Opinion of the CourtIngraham, J.
That an order dismissing an appeal 'to the General Term of the Supreme Court is appealable to this court, was settled in Bates v. Voorhees (20 N. Y., 525). In becomes, therefore, necessary to inquire whether an appeal will lie from the judgment entered in the county court, by default of the defendant for not appearing there.
This question was referred to by Selden, J., in Briggs et al. v. Bergen (23 N. Y., 162), in which he says in regard to striking out a sham pleading: “ The suit is left in the same condition as if no answer had been put in. In such *549cases no appeal will lie from the…
2Cases cited4 opinions
- Briggs v. . BergenNew York Court of Appeals · 1861
- Bates v. . VoorheesNew York Court of Appeals · 1859
- Dorr v. BirgeNew York Supreme Court · 1850
- Adams v. OaksNew York Supreme Court · 1822
3Cited by12 opinions
- McMahon v. . RauhrNew York Court of Appeals · 1871
- Flake v. . Van WagenenNew York Court of Appeals · 1873
- Hurry v. CoffinNew York Court of Common Pleas · 1882
- Powers v. WittyNew York Court of Common Pleas · 1872
- Abham v. BoydNew York Court of Common Pleas · 1874
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