Albertson v. Behrend Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Behrend Manufacturing Company, from an order of the. County Court of Monroe county, entered in the office of the clerk of the county of Monroe on the 26th day of October, 1899, denying the defendant’s motion to open a default,. , to set aside a judgment and execution and grant a new trial in the Municipal Court of the city of Rochester, upon the ground that there was no power to grant such relief, the application not having-been made within…
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Appeal by the defendant, The Behrend Manufacturing Company, from an order of the. County Court of Monroe county, entered in the office of the clerk of the county of Monroe on the 26th day of October, 1899, denying the defendant’s motion to open a default,. , to set aside a judgment and execution and grant a new trial in the Municipal Court of the city of Rochester, upon the ground that there was no power to grant such relief, the application not having-been made within twenty days after the entry of the judgment.
1Opinion of the Court
Williams, J.:
The action in the Municipal -Court was commenced July 5,1899. The parties appeared on the return day, July twelfth, and without issue being joined, an adjournment was taken to July nineteenth. On the adjourned day, the defendant did not appear, the plaintiffs filed their complaint, gave their proofs, and took judgment by default. Subsequently an execution was issued upon the judgment.
July twentieth, the defendant appealed from the judgment to the County Court. The return upon such appeal was filed August twelfth. A transcript of the judgment was filed in the county clerk’s office.
2Cases cited1 opinion
- Kellock v. DickinsonAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by3 opinions
- Baker R. & L. Co. v. BuelAppellate Division of the Supreme Court of the State of New York · 1919
- Denovsky v. Bach, New York County Courts1916
- Itzenplitz v. ChassinNew York County Court, Erie County · 1924