Martine v. . Lowenstein
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, reversing an order of Special Term which denied a motion on the part of defendants for leave to file exceptions to a referee’s report of sale herein, and for leave to he heard upon such exceptions. (Reported below, 6 Hun, 225.) This was an action to foreclose a mortgage.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, reversing an order of Special Term which denied a motion on the part of defendants for leave to file exceptions to a referee’s report of sale herein, and for leave to he heard upon such exceptions. (Reported below, 6 Hun, 225.) This was an action to foreclose a mortgage. The defendants Lowenstein did not appear and judgment was entered against them by default on the 14th May, 1872. On the 31st May, 1872, said defendants served affidavits and notice of motion that the judgment be opened, and that they…
1Opinion of the CourtEarl, J.
Attorneys are a body of men licensed by the courts to appear for suitors therein. A party to any action or special proceeding pending in court may appear therein by attorney, at any stage of such action • or special proceeding, unless some statute or the order or process of the court requires him to appear in person. There is nothing in the nature of an appearance by an attorney which limits the right of such an appearance to a time prior to a judgment in an action, and we know of no statute and our attention has been called to no authority which imposes such a limitation.
A party defendant in…
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- Evans v. . BackerNew York Court of Appeals · 1886
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