Henschel v. Everett
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by Herman Henschel against Abraham Bverett. From a judgment for plaintiff, and from certain, orders, defendant appeals.
1Per curiam
On October 26, 1909, the plaintiff obtained a judgment against the defendant herein upon an inquest and by default. On October 29, 1909, on motion duly noticed, the trial justice indorsed upon the motion papers, this decision: “Default opened upon payment of $5 costs within three days. Set for November 22d by consent”—and signed his name thereto. Such indorsement is declared by rule 3 of the Municipal Court rules to be sufficient as an order of that court. The costs thus awarded not having been paid within three days, on November 8, 1909', the plaintiff entered an ex parte order, signed by…
2Cases cited2 opinions
- Koransky v. GreenbergAppellate Division of the Supreme Court of the State of New York · 1910
- Mitchell v. MenkleNew York Court of Common Pleas · 1856