Strassner v. Thompson
Appellate Division of the Supreme Court of the State of New York
Appeal .by the defendant, Hannah Western Thompson, from an order, of the Municipal Court of the city of New York, entered in the office of the clerk of said court on the 11th day of January, 1.899,. vacating a judgment of said court in favor of the defendant, granted upon the plaintiff’s default. - . ;
1Opinion of the Court
Per Curiam :
Chapter 748 of the Laws of 1896, amending section 1367 of chapter 410 of the Laws of 1882, which gave a District Court of the city of New York the power to open defaults taken before it — a power now inherited by the Municipal Court of said city — provides that any order vacating a judgment shall recite and contain the grounds for the order. No grounds are specified in the •order appealed from. It is, therefore, fatally defective, and must be reversed. The matter should be remitted to the justice for a rehearing, and the entry of a proper order on his decision. (Colwell v. Devlin,…
2Cases cited2 opinions
- Colwell v. DevlinAppellate Terms of the Supreme Court of New York · 1897
- Colwell v. DevlinAppellate Terms of the Supreme Court of New York · 1897
3Cited by2 opinions
- Stern v. KnappAppellate Division of the Supreme Court of the State of New York · 1900
- Sandowitz v. DuaneAppellate Terms of the Supreme Court of New York · 1900