Decker v. Kitchen
New York Supreme Court
Appeal from an order made at a Special Term, denying a motion made by the defendant for leave to renew a motion to set aside the judgment entered herein, and to set aside such judgment in case such leave should be granted. The motion to vacate the judgment was improperly denied, when first made. It was an abuse of Rule 37, not an application of it; to hold that it covered the case of a judgment entered without the shadow of a right. {Jackson v. Smith, 16 Abb.
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Appeal from an order made at a Special Term, denying a motion made by the defendant for leave to renew a motion to set aside the judgment entered herein, and to set aside such judgment in case such leave should be granted. The motion to vacate the judgment was improperly denied, when first made. It was an abuse of Rule 37, not an application of it; to hold that it covered the case of a judgment entered without the shadow of a right. {Jackson v. Smith, 16 Abb. Pr. 201, 203; Winnebrenner v. Fdgerton, 30 Barb., 185; Kellogg v. Howell, 62 Id., 280; Mcvrguat v. Mwl/oy, 9 How. Pr., 460.) A…
1Opinion of the Court
Talcott, P. J. :
The appeal in this case is in form from an order of the Special Term of Monroe county, denying the defendant’s application for leave to renew a motion to set aside a judgment for $4,828,07, entered as upon the default of the defendant, as for want of an answer; and in case leave to renew be granted that then the motion to set aside said judgment be renewed. In substance, the motion was to set aside the judgment.
The proceeding' was commenced against the defendant, James Kitchen, by a summons to show cause why he should not be bound by a judgment obtained in an action against…
2Cases cited3 opinions
- Winnebrenner v. EdgertonNew York Supreme Court · 1859
- Jackson v. SmithNew York Court of Common Pleas · 1863
- Marquat v. MulvyNew York Supreme Court · 1854