Kramer v. Reed
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Seventh District. Action by Isak Kramer and another against Harry Reed. From an order denying defendant’s motion to vacate and set aside judgment, and an order amending his name in the summons, he appeals.
1Per curiam
Defendant appeals from two orders of the Municipal Court, one denying his motion to vacate and set aside the judgment, and one from an order amending the name of the appellant, which name was in the summons declared to be fictitious, to the defendant’s real name.
[1] The first order was based upon an order to show cause, obtained by the defendant, why the judgment should not be vacated and *96set aside upon the ground that the summons was never served upon him. The issue thus raised was not tried as an issue of fact, but the motion was heard upon affidavits, and was denied. This court has…
2Cases cited3 opinions
- Review & Record Co. v. GilbrethAppellate Terms of the Supreme Court of New York · 1909
- Roberts & Lewis Co. v. DaleAppellate Terms of the Supreme Court of New York · 1911
- Phillips v. Albert, Inc.New York Supreme Court · 1913