Seeley v. Greene

Ordinarily this motion would be denied on the ground that the default was intentional and the defendant guilty of laches.

However, the action was commenced by the service of a summons and notice to the effect that, upon default, judgment would be taken for $410 and costs. No complaint was served. The complaint, when filed, alleged fraud, and the plaintiff made proof at Special Term and was given a tort judgment. A body execution was issued.

The defendant, by his moving papers, denies any fraud. He details the transactions with the plaintiff and names the witnesses by whom he says he can…