Ross v. Bridge
New York Supreme Court
Appeal from an order denying a motion to set aside judgments and to remove a receiver. ; This action was brought by Robert S. Ross against Charles Bridge.
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Appeal from an order denying a motion to set aside judgments and to remove a receiver. ; This action was brought by Robert S. Ross against Charles Bridge. "Winslow M. Burdick commenced an action in this court against Bridge, for the recovery of money, by the service of summons on the defendant: on the same day Bridge appeared in person, and offered judgment for the full amount claimed, with costs; and judgment was on the same day entered by the clerk on filing the summons, complaint, offer, arid an affidavit of acceptance. Bridge also confessed judgment to Burdick on another indebtedness.…
1Opinion of the Court
By the Court.*—Rosekrans, J.
The plaintiff in the first above-entitled action, whose judgment was obtained after the judgments in the other two cases above entitled, moves to set aside one of the judgments in favor of Burdick on the ground that it was entered upon an offer served by the defendant, pursuant to section.385- of the Code, after the service of a summons and complaint upon him, the offer being for the full sum demanded in the plaintiff’s summons and complaint. The special term has denied this motion. It was claimed on the part of the plaintiff Ross that section 385 of the Code only…
2Cases cited1 opinion
- Emery v. Emery & RedfieldNew York Supreme Court · 1854
3Cited by1 opinion
- In re the Assignment of KaughranNew York Court of Common Pleas · 1886