Headdings v. Gavette
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William H. Headdings* from an order of the Supreme Court, made at the Washington Special Term and entered in the office of the clerk of the county of Washington on the 11th day of May, 1903, granting the defendant’s motion to open a judgment taken by default in the above-entitled action.
1Opinion of the Court
Chase, J. :
Plaintiff commenced an action against the defendant by the service of a summons without a complaint. Within twenty days thereafter the defendant gave the same to his attorney and directed him “ to look after thé matter for him.” On the same day plaintiff’s attorney was told by the 'attorney so employed by the defendant that he would appear in the action; but the notice of appearance was not ■served in time, and judgment was obtained against the defendant on default. Defendant served a notice of motion for an order “ that the judgment herein be vacated and the findings on which it…
2Cases cited2 opinions
- McConihe v. PalmerNew York Supreme Court · 1894
- Duche v. VoisinNew York Supreme Court · 1887
3Cited by2 opinions
- Kellogg v. Commodore Hotel, Inc.New York Supreme Court · 1946
- Randall v. RandallAppellate Division of the Supreme Court of the State of New York · 1910