Maltby v. Greene
New York Court of Appeals
John Maltby commenced a proceeding in the Erie county court against Ann R. Greene, for the enforcement of a mechanic’s lien, filed under L. 1844, c. 305. The record showed that pursuant to the mechanic’s lien law of 1844, the plaintiff on December 28,1858, filed with the cleric of Erie county specifications of materials furnished to defendant, stating the price; and that within thirty days after furnishing the materials or completing the work, notice of such specifications…
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John Maltby commenced a proceeding in the Erie county court against Ann R. Greene, for the enforcement of a mechanic’s lien, filed under L. 1844, c. 305. The record showed that pursuant to the mechanic’s lien law of 1844, the plaintiff on December 28,1858, filed with the cleric of Erie county specifications of materials furnished to defendant, stating the price; and that within thirty days after furnishing the materials or completing the work, notice of such specifications filed, was personally served on defendant, requiring her to appear' on the fourth Monday of March, 1859, and submit to an…
1Opinion of the CourtIngraham, J.
That an order dismissing an appeal to the general term of the supreme court is appealable to this court, Avas settled in Bates v. Voorhees, 20 N. Y. 525. It becomes, therefore, necessary to inquire whether an appeal will lie from the judgment entered in the county court, by default of the defendant for not appearing there.
This question was referred to by Seeden, J., in Briggs v. Bergen, 23 N. Y. 162, in which he says, in regard to striking out a sham pleading: “The suit is left in the same condition as if no answer had been put in. In such cases no appeal will lie from the judgment, it having…
2Cases cited9 opinions
- Thurber & Stevenson v. Townsend & WilburNew York Court of Appeals · 1860
- Briggs v. . BergenNew York Court of Appeals · 1861
- Hunt v. . BloomerNew York Court of Appeals · 1856
- Freeman & Wait v. CramNew York Court of Appeals · 1850
- Bates v. . VoorheesNew York Court of Appeals · 1859
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3Cited by2 opinions
- Keller v. FeldmanNew York Court of Common Pleas · 1893
- Pultz v. DiossyNew York Court of Common Pleas · 1877