Holman v. Goslin
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George W. Holman, from' an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of December, 1900, vacating a judgment entered in said clerk’s office upon default.
1Opinion of the Court
Hatch, J.:
The defendant moved to vacate the judgment herein for the reason that in the copy of summons served upon him he was named as Alfred" B. Joslin, instead of Alfred B. Goslin, his real name. The original summons gave the defendant’s correct name, and at the time of the service of the summons and complaint he was also served with an order of arrest, and the papers upon which the same was granted. In these papers his name -was correctly spelled. It is evident, therefore, that, the defendant was apprised that he was the person intended to be served as the defendant in the action, and was…
2Cases cited1 opinion
- Stuyvesant v. . WeilNew York Court of Appeals · 1901
3Cited by7 opinions
- Barth v. OwensCity of New York Municipal Court · 1942
- Gottlieb v. Alton Grain Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Jacobsohn v. SemelAppellate Terms of the Supreme Court of New York · 1911
- Gould v. MeyerCity of New York Municipal Court · 1927
- Hirsch v. CammanNew York Supreme Court · 1907
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