Leon Marx & Sons v. Leichner

Plaintiff, a New York partnership, sues for $214.75 as a balance due for merchandise sold and delivered to defendant. The (petition was filed on the 25th day of October, 1927, and personal service was made on defendant on October 26th.

On November 7th, plaintiff, having produced a certificate from the clerk of court to the effect that no answer had been filed, and having made proof of his claim, secured judgment for the amount, which judgment was signed on the same day.

Later on the same day, November 7th, defendant filed an answer, and on the next day, namely, November 8th, She filed a motion…