Roberts & Lewis Co. v. Dale
Appellate Terms of the Supreme Court of New York
' Appeal by the plaintiff from four orders of the Municipal Court of the city of Dew York, borough of Manhattan, first district.
1Opinion of the CourtLehmabt, J.
The plaintiff in these actions recovered judgment against the defendants on their default. Thereafter the defendants appeared specially and moved to set aside the judgments and to dismiss the complaints on the ground that they were never served with process. The trial justice ordered that “ the default be opened and case set for April 24, 1911, for traverse.” Upon the return day the defendants traversed the service. Thereafter a trial of the traverse was held, and the trial justice sustained the traverse and ordered that the previous judgments be vacated .and gave judgments for defendants…
2Cases cited3 opinions
- Friedberger v. StulpnagelAppellate Terms of the Supreme Court of New York · 1908
- Hogan v. . Board of EducationNew York Court of Appeals · 1911
- Blackman v. Iron Clad Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1910
3Cited by7 opinions
- Phillips v. Albert, Inc.New York Supreme Court · 1913
- Bernard v. RosenfieldAppellate Terms of the Supreme Court of New York · 1916
- Equitable Trust Co. v. SalbergAppellate Terms of the Supreme Court of New York · 1912
- Export Flour & Feed Co. v. A. Mishler, Inc.Appellate Terms of the Supreme Court of New York · 1915
- Heinzer v. KretzAppellate Terms of the Supreme Court of New York · 1915
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