Ziegler v. Smith
Appellate Terms of the Supreme Court of New York
■ Appeal from City Court of New York, Trial Term. Action by Samuel Ziegler against Charles E. Smith for services. Erom an order granting defendant’s motion to open his default, plaintiff appeals. Affirmed.
1Per curiam
The action is on an assigned claim for work, labor, and services performed under a contract of employment between the defendant and plaintiff’s assignor. An unverified complaint, was served on defendant on November . 11, 1908. An unverified answer was interposed on November 17, 1908. An inquest was taken on December 8, 1908, and judgment entered thereon. Defendant made a motion to open the default and set aside the judgment, which motion was denied, with leave to renew. Defendant renewed the motion, which motion was granted on payment of costs. Plaintiff appeals.
An affidavit of merits had…
2Cases cited7 opinions
- Milbank v. . JonesNew York Court of Appeals · 1894
- Davis v. SolomonAppellate Terms of the Supreme Court of New York · 1899
- Dana v. ThawAppellate Terms of the Supreme Court of New York · 1907
- Clews v. PeperAppellate Division of the Supreme Court of the State of New York · 1906
- Thornall v. TurnerAppellate Terms of the Supreme Court of New York · 1898
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