Review & Record Co. v. Gilbreth
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Court of the city of Hew York, first district, borough of Manhattan, rendered in favor of the plaintiff.
1Opinion of the CourtLehman, J.
The plaintiff recovered a judgment against the defendant upon his failure to appear on the return day. Thereafter the defendant moved to set aside and vacate the judgment, on the ground that the summons had never been served upon him. The justice below thereupon endorsed upon the motion papers: “Motion granted. Case set down for Sept. 24th, 1909.” If the defendant was not served, the court had no jurisdiction over him. It cannot set aside its judgment for lack of jurisdiction, because no such power is given by the Municipal Court Act. Friedberger v. Stulpnagel, 59 Misc. Rep. 498.
The defendant…
2Cases cited3 opinions
- Friedberger v. StulpnagelAppellate Terms of the Supreme Court of New York · 1908
- Austen v. Columbia Lubricants Co.Appellate Terms of the Supreme Court of New York · 1903
- Mishkind-Feinberg Realty Co. v. RosenhaftAppellate Terms of the Supreme Court of New York · 1909
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- Dolinsky v. Brisker Unterstuetzungs VereinAppellate Terms of the Supreme Court of New York · 1914
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