Hogan v. Gault
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by James Hogan and another against Mary E. Gault. Erom a Municipal Court "judgment in favor of plaintiffs, defendant appeals.
1Opinion of the CourtSeabury, J.
This appeal is taken from a judgment entered against the defendant by default, there being no appearance ’by the defendant in the court below. The appeal is based upon the claim that the defendant was never served with process.
*411The question presented upon this appeal is simply one of fact. The only proof in support of the plaintiffs’ contention that the defendant, was served is the affidavit of the process server to the effect that he served the defendañt with a summons on November 17, 1906, at 969 Rogers Place, borough of the Bronx, in this city. In her affidavit the defendant swears that she…
2Cases cited1 opinion
- Empire Hardware Co. v. YoungAppellate Terms of the Supreme Court of New York · 1899