Williams v. Horgan & Horgan
The Superior Court of New York City
Motion to vacate a judgment entered by one of two defendants, sued jointly, in respect to whom the complaint had been dismissed.
1Opinion of the Court
Slosson, Justice.
The action is for a money demand against both defendants charged jointly.
The defendants appeared by the same attorney, and put in separate answers, but setting up the same defence.
The referee dismissed the complaint as to one defendant, and gave the plaintiff judgment as against the other.
The defendant as to whom the complaint had been dismissed, entered up judgment, for his costs, without a previous application to the court, as being entitled to costs of course under § 305 of the Code.
The present motion is to vacate the said judgment, on the ground that the case falls within…
2Cases cited1 opinion
- Bulkley v. Smith, Brush, & KettletasThe Superior Court of New York City · 1853
3Cited by2 opinions
- Haye v. RobertsonThe Superior Court of New York City · 1874
- Heye v. RobertsonThe Superior Court of New York City · 1874