Born v. Schrenkeisen
The Superior Court of New York City
Appeal by plaintiff from order granting defendants’ motion that the judgment be opened and defendants allowed to amend their answer and have a new trial on the issues so to be formed.
Read the full summary
Appeal by plaintiff from order granting defendants’ motion that the judgment be opened and defendants allowed to amend their answer and have a new trial on the issues so to be formed. The motion was made at special term, where the following opinion was delivered, March 11, 1885, the action therein referred to as the first entitled action, being the present action ; and that referred as the second action, being one brought by the defendants here, against the plaintiff for reformation of the contracts in question :—
1Opinion of the Court
“ Freedman, J.
Upon affidavits and all the papers and proceedings in the first entitled action, and the summons and complaint and certain affidavits entitled in the second action, and upon a case settled and printed in the first entitled action, Henry and Martin Schrenkeisen now move at special term : 1. That the judgment in the first *221entitled action, though affirmed by the general term, be vacated and set aside, and that the case be referred back to the special term for re-trial; 2. That all proceedings on the part of Peter Bom in the first entitled action be stayed until after the trial of…
Also in this document: Per curiam.
2Cases cited6 opinions
- Hatch v. . Central National BankNew York Court of Appeals · 1879
- People v. Superior CourtNew York Supreme Court · 1833
- Peck v. HilerNew York Supreme Court · 1860
- Becker v. People ex rel. CookNew York Court of Appeals · 1859
- People ex rel. Slater v. SmithNew York Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.