Littauer v. . Stern
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 14,1903, which affirmed an order of Special Term vacating a judgment against the defendant. The facts, so far as material, and the question certified, are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 14,1903, which affirmed an order of Special Term vacating a judgment against the defendant. The facts, so far as material, and the question certified, are stated in the opinion. Since there was a default in appearing the plaintiffs were entitled, by an express provision of the Code of Civil Procedure, to enter judgment, and their attorney’s practice in so doing was regular. (Code Civ. Pro. § 1212.) There can be no default in pleading until there has been an…
1Opinion of the CourtYaxn, J.
On the 23d of April, 1903, this action was commenced in the Supreme Court by the service of a summons and complaint on the defendant personally. May 9th, 1903, upon an affidavit of merits, made by himself, and an affidavit showing that further time to answer was necessary, made by his attorney, he procured an order from one of the justices of the Supreme Court extending his time to answer or demur for the period of twenty days. On the same day a copy of the order and of the affidavits upon which it was founded were served by mail on the attorney for the plaintiffs with the following notice…
2Cited by5 opinions
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- Sullivan v. HarneyNew York Supreme Court · 1907
- Pruyn v. BlackAppellate Division of the Supreme Court of the State of New York · 1905