Albright v. Trinity Presbyterian Church
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Trinity Presbyterian Church of Rochester, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the comity of Monroe on the 9th day of July, 1915, overruling its demurrer to the complaint and awarding plaintiff "final judgment for the relief demanded therein, and also from an order entered in said clerk’s office on the 26th day of July, 1915, amending said judgment; also, an appeal from an order entered…
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Appeal by the defendant, Trinity Presbyterian Church of Rochester, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the comity of Monroe on the 9th day of July, 1915, overruling its demurrer to the complaint and awarding plaintiff "final judgment for the relief demanded therein, and also from an order entered in said clerk’s office on the 26th day of July, 1915, amending said judgment; also, an appeal from an order entered in said clerk’s office on the • 26th day of May, 1915, overruling its demurrer to the answer of the defendant Henry C.…
1Opinion of the Court
Foote, J.:
The judgment was clearly irregular and unauthorized in the absence of proof before the court or a referee upon which to base it. The action is in equity and judgment could not be entered without application to the court in case of default under section 420 of the-Code. The proper practice is perscribed by sections 1222 and 1223 of the Code. (Mathot v. Triebel, 102 App. Div. 426; Sauerbrunn v. Hartford Life Ins. Co., 165 id. 506.)
The complaint contained only appropriate allegations for the foreclosure of the mechanic’s lien. It alleged a payment due to plaintiff of $1,000, for which…
2Cases cited4 opinions
- Mellen v. Athens Hotel Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Havana City Railway Co. v. CeballosAppellate Division of the Supreme Court of the State of New York · 1900
- Mathot v. TriebelAppellate Division of the Supreme Court of the State of New York · 1905
- Stuart v. BlatchleyNew York Supreme Court · 1894
3Cited by1 opinion
- Stokes v. Ottoman American Development Co.New York Supreme Court · 1928