Ludwin v. Siano
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from, an order made by the Municipal, “Court of the city of New York, second district, borough of Manhattan, vacating a judgment and discharging the defendant from arrest and imprisonment.
1Opinion of the CourtMcAdam, P. J.
On the return day of the summons both parties appeared. The plaintiff declined to pay the clerk’s trial fee, whereupon the justice dismissed the complaint. The defendant then departed from the court-room, whereupon the plaintiff paid the trial fee and, concealing the fact that it was the same case in which the justice had granted such dismissal, took from the justice a judgment as upon the defendant’s default, with a provision adjudging the defendant liable to arrest and imprisonment. The defendant was incarcerated under the execution issued, whereupon he obtained from -the justice an order…
2Cases cited3 opinions
- Fitch v. DevlinNew York Supreme Court · 1853
- Szerlip v. BaierAppellate Terms of the Supreme Court of New York · 1897
- Knickerbocker Ice Co. v. Forty-second Street & Grand Street Ferry RailroadNew York Supreme Court · 1902