Badger v. Johnston
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mattie D. Johnston, from an order of the County Court of Kings county, entered in the office of the clerk of the county of Kings on the 3d day of March, 1905, denying the said defendant’s motion to modify a judgment theretofore entered in the action by striking out an additional allowance awarded the plaintiff.
1Per curiam
This was a suit to foreclose a mortgage for $6,500. No answer or demurrer was interposed by any of the defendants. The appellant alone appeared. Her attorney was duly served with a notice of application for the relief demanded in the complaint. . On the return day of the motion no one appeared but the attorney for the plaintiff, who took the usual order of reference to compute, with ten dollars costs, and subsequently obtained from the court, as he was entitled to do without further notice, a direction for the entry of final judgment of foreclosure and sale. This judgment awarded to .the…
2Cited by1 opinion
- Genthner v. BrunsAppellate Division of the Supreme Court of the State of New York · 1937