American Hosiery Co. v. Himler
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from an order of' the City Court of the city of Hew York opening an alleged default and permitting the service of an. undertaking to pay the judgment; also to pay the expenses of a reference to determine whether defendant was or was not served with the summons, in' the event of its being determined that he was so served.
1Opinion of the CourtGuy, J.
On July 13, 1911, a summons was served in an action in the" City Court against the defendant; on July 20, 1911, judgment was entered therein for $309.86; execution was issued on the same day and returned wholly unsatisfied.
On March 20, 1912, defendant moved to vacate the judgment because of alléged non-service of summons., On March 26, 1912, an order was entered on consent vacating the judgment and allowing defendant to answer.
On April 8,. 1912, a further order was entered on said motion vacating said order of March twenty-sixth, and restoring the judgment; appointing a referee to take proof…
2Cases cited2 opinions
- Childs v. ChildsAppellate Division of the Supreme Court of the State of New York · 1911
- Garner v. HellmanAppellate Terms of the Supreme Court of New York · 1905
3Cited by1 opinion
- Elias v. Coleman & KrauseCity of New York Municipal Court · 1915