Tradesmen's National Bank v. McFeely
New York Supreme Court
Appeal from an order made afc Special -Term, amending a judgment-roll' or postea. The defendants appeal from so much of the order as denies a motion to set aside the judgment; and the plaintiff from so much thereof as changes the date of the entry of the judgment, etc.
1Opinion of the Court
Beady, J.:
The defendants demurred to the complaint and failed. Leave was granted tó answer in twenty days, on payment of the costs of the demurrer. They appealed from the order to the General Term. The order was affirmed, with costs. The order of affirmance was entered on the 19th January, 1872, and on the twenty-first February following, the judgment was entered against-the defendant. The plaintiff, neither before nor at the time of entering the judgment, filed an affidavit showing the service of the order of the Special or General Term, or of the failure of the defendant to answer during…
2Cases cited4 opinions
- Adams v. . FoxNew York Court of Appeals · 1863
- Whiting v. . the Mayor, Etc., of New YorkNew York Court of Appeals · 1868
- Winans v. PeeblesNew York Supreme Court · 1860
- Dudley v. GoodrichNew York Supreme Court · 1858