Legal Opinion

Schumpp v. Interurban Street Railway Co.

Appellate Division of the Supreme Court of the State of New York

Decided April 15, 1903PublishedCited by 7 opinions

Appeal by the plaintiff, John Schumpp, as guardian ad litem of John Schumpp, Jr., an infant under the age of fourteen years, from an order of the Supreme Court, made at the Yew York Special Term and entered in the office of the clerk of the county of Yew York on the 7th day of January, 1903, granting the defendant’s motion to open its default.

1Per curiam

This appeal is from an order granting a motion to open defendant’s default. We have frequently held, and as late as in the case of Allen v. Fowler & Wells Co. (45 App. Div. 506), that upon a motion to open a default a copy of the proposed pleading should be annexed to the motion papers. As such practice was not followed upon the motion here, it follows that the order appealed from should be reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs, but with leave to renew upon sufficient papers.

Present—Yan Brunt, P. J., Patterson, O’Brien, Ingraham and…

2Cases cited1 opinion

  1. Allen v. Fowler & Wells Co.Appellate Division of the Supreme Court of the State of New York · 1899

3Cited by7 opinions

  1. Reid v. Jackson's Baggage ExpressAppellate Terms of the Supreme Court of New York · 1907
  2. Tuska v. JarvisAppellate Terms of the Supreme Court of New York · 1908
  3. MacEvoy v. Tide Water Oil Co.Appellate Division of the Supreme Court of the State of New York · 1914
  4. McCall Co. v. UnserAppellate Division of the Supreme Court of the State of New York · 1909
  5. Addressograph Co. v. H. B. Goetchius & Co.Appellate Terms of the Supreme Court of New York · 1911

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