Dahmen v. Gregory

Memorandum Per Curiam.

The court was without power to amend the petition in the summary proceedings herein nunc pro tunc so as to include therein a statement of a jurisdictional fact. Furthermore, it appears that the final order was entered upon a default in appearance at a time when the tenant was in the military service. Subdivision 1 of section 303 of the Military Law provides as follows: “Protection against judgment in default, etc.

“ 1. In any action or proceeding commenced in any court, if there shall be a default of an appearance by the defendant, the plaintiff, within twenty days before…