O'Connell v. Gallagher
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Margaret p. Gallagher, from an order. -of the Suprerne Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 12th day of December, 1904, denying the said defendant’s motion to vacate a judgment theretofore entered in the above-entitled action arid all proceedings thereunder.
1Opinion of the Court
Ingraham, J.:
■This action was brought to foreclose a mortgage, and judgment was entered by default on October 21,1904. Annexed to the judgment roll was an affidavit of the service of the summons and complaint upon the defendant Gallagher, who was the- owner of the equity 'of redemption, in which the affiant swore that she had served the summons and complaint upon the defendant Gallagher and that she knew the person served to be the person mentioned and described in the summons as one of the defendants in the action. On.November 16, 1904, defendant Gallagher noticed a motion to set aside the…
2Cases cited1 opinion
- Hilton v. ThurstonNew York Court of Common Pleas · 1855
3Cited by5 opinions
- McDonald v. Ames Supply Co.New York Court of Appeals · 1968
- Ives v. DarlingAppellate Division of the Supreme Court of the State of New York · 1924
- Wiener v. RavekesAppellate Division of the Supreme Court of the State of New York · 1934
- F. I. duPont, Glore Forgan & Co. v. ChenAppellate Division of the Supreme Court of the State of New York · 1976
- Mecca v. YoungNew York Supreme Court · 1929