Blackman v. Iron Clad Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Iron Clad Manufacturing Company, from an order of the Municipal Court of ,the city of Mew York, made on the 31st day of December, 1909.
1Opinion of the Court
Jenks, J.:
The defendant appeals from an order of the Municipal Court that denied its motion to vacate a judgment entered against it by ■default. The ground.of the motion was. jurisdictional, in that the defendant was not served with process, and that the alleged appearance in this action, of its general attorney was a fraud, if not a for-, gery. The appellant would have us regard this appeal as from an order refusing to open its default. But the application for the order to show cause, that order, the avowed contention of counsel at the time of the application, and the order entered upon the…
2Cases cited2 opinions
- In Re the Appraisal Under the Taxable Transfer Act of the Estate of DavisNew York Court of Appeals · 1896
- Diehl v. SteeleAppellate Terms of the Supreme Court of New York · 1906
3Cited by2 opinions
- Roberts & Lewis Co. v. DaleAppellate Terms of the Supreme Court of New York · 1911
- Nicholson v. City of New YorkNew York Supreme Court · 1914