Hirschberg v. Marvin

The appeal in this case is from an order vacating a decree constituting a deficiency judgment. The decree was entered on the 13th day of May, 1933, against defendant as to whom decree pro confesso had been duly entered on the 6th day of March, 1933.

On the 7th day of July, 1933, notice was served that the defendant, through his counsel, would on the 11th day of July, 1933, at nine-thirty o’clock present a motion seeking to vacate the deficiency decree upon the ground that no notice of the application for entry of such deficiency decree was given to the defendant or his counsel. On hearing, the…