Cohen v. Gorman
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action by Sarah Cohen against John J. Gorman, as sheriff, etc. From an order denying a motion by defendant’s indemnitors to open a default against defendant and to substitute them as defendants, said indemnitors appeal.
1Opinion of the CourtFreedman, J.
This is an appeal from an order denying a motion made by Callman, Rouse, and Samuel Barnett, sureties on an indemnity bond given to the defendant as sheriff, to set aside-a judgment taken against defendant by default, and to substitute the appellants as defendants, and to permit them to come in and defend. The action was commenced in October, 1891, and resulted in a judgment against the defendant in June, 1892. The judgment was paid by the defendant and satisfied by the plaintiff of record before the appellants gave notice of motion to be substituted. In view of these facts, and there being…
2Cases cited1 opinion
- Jakobi v. GormanNew York Court of Common Pleas · 1893
3Cited by1 opinion
- Clemmons v. GormanNew York Court of Common Pleas · 1894