Douglas v. Haberstro
New York Supreme Court
The action was brought by Alice Douglas against Joseph L. Haberstro, as sheriff of Erie county. I. Speeial Term, November, 1879. Motion by defendant to set aside a judgment for irregularity. This motion was made on the ground that the defendant had no notice of the application for judgment. The facts appear in the opinion.
1Opinion of the CourtDaniels, J.
The act of subscribing himself as attorney for the defendant to the notice of motion, served for the exoneration of the sheriff from liability as bail, was probably sufficient to constitute an appearance for the purpose of waiving mere irregularities(Baxter v. Arnolds, 9 How. Pr. 445; Kelsey v. Davis, 15 Id. 93; Ayers v. Western R. R. Co., 48 Barb. 132).
But while it may very well have been attended with that result, it was still insufficient to entitle the attorney to notice of other and entirely different proceedings in the action. To require the service of notice of such proceedings, when…
2Cases cited2 opinions
- Ayres v. Western RailroadNew York Supreme Court · 1866
- Baxter & Fuller v. Arnold, Conklin & BaileyNew York Supreme Court · 1854
3Cited by5 opinions
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- Regelmann v. South Shore Traction Co.New York Supreme Court · 1910
- Benedict v. ArnouxNew York Supreme Court · 1895
- Paine Lumber Co. v. GalbraithAppellate Division of the Supreme Court of the State of New York · 1899
- Valentine v. Myers' Sanitary DepotNew York Supreme Court · 1885