Waldman v. Mann
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Twelfth District. Action by David Waldman against Louis Mann. From a judgment in favor of plaintiff, defendant appeals. Return sent back to files of court to permit motions for amendment thereof.
1Opinion of the Court
BER CURIAM.
This is an appeal from a judgment entered in favor of the plaintiff upon an inquest taken March 28, 1906. Subsequently the defendant obtained an order to show cause why the "judgment should not be vacated and set aside, and why the defendant’s default should not be opened, and why the defendant should not be permitted to come in and defend the action.” This order was based upon an affidavit made by the defendant in which he swears that the summons in the action was never served upon him. Although the return is settled and allowed by the trial justice, it contains no other affidavit…
2Cases cited1 opinion
- Lazarus v. BoyntonAppellate Terms of the Supreme Court of New York · 1904
3Cited by1 opinion
- Canelli Wine Co. v. TassiNew York Supreme Court · 1915