Marks v. King
New York Supreme Court
Motion by defendant to vacate last order of county judge and the judgment entered by plaintiff.
1Opinion of the CourtLearned, J.
It is admitted that the county judge could ex parte vacate the extension of time which he had granted (Code, sec. 772), and therefore it is not very material on the present motion what were his reasons. I cannot review the order which he made. But as the matter has been discussed, and as the reason is plainly given both in the affidavit and in the order of the county judge why the former order was vacated, I may briefly state my views.
It seems to me very plain from the language of section 779 that the stay of proceedings thereby declared begins only from the default of the party in not paying…
2Cases cited2 opinions
- Hazard v. WilsonNew York Court of Common Pleas · 1877
- Lyons v. MuratNew York Supreme Court · 1877
3Cited by7 opinions
- Reeder v. LockwoodNew York Supreme Court · 1900
- Serven v. Lowerre, New York County Courts1893
- Wasserman v. BenjaminAppellate Division of the Supreme Court of the State of New York · 1904
- Kellogg Switchboard & Supply Co. v. Glen Telephone Co.U.S. Circuit Court for the District of Southern New York · 1903
- Pettibone v. DrakefordNew York Supreme Court · 1884
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