Bailey v. Wilson
City of New York Municipal Court
Motion to set aside the service of summons and to vacate judgment entered by default upon the ground that the summons was not served.
1Opinion of the CourtWadhams, J.
Motion is made to set aside the service of the summons and to vacate the judgment entered by default in June, 1904, upon the ground that the summons was never served. The judgment was assigned and action brought thereon in Mew Jersey, where the defendant resides. Plaintiff recovered in that action. It is urged by the defendant that the provision of the Constitution of the United States under which full faith and credit are to be given to judicial determinations of sister States does not apply; that, if the ISTew Jersey court was bound to recognize the ISTew York judgment and the ISTew York…
2Cases cited1 opinion
- McElroy v. Continental Railway Co.New York Supreme Court · 1889
3Cited by2 opinions
- Mabson v. MabsonSupreme Court of Florida · 1932
- Harju v. AndersonWashington Supreme Court · 1925