Rosenberg v. Boehm
New York Supreme Court
Action by Sabina Rosenberg against Samuel C. Boehm, Gustave S. Boehm, and Max S. Boehm, constituting the firm of S. C. Boehm & Co., Jacob H. Heller and Louis Rabinovic, constituting the firm of Heller & Rabinovic, and John J. Gorman, sheriff of the city and county of Hew York, to set aside a judgment entered in favor of S. 0. Boehm & Co. in an action brought by them against Heller & Rabinovic. Judgment for defendants.
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Action by Sabina Rosenberg against Samuel C. Boehm, Gustave S. Boehm, and Max S. Boehm, constituting the firm of S. C. Boehm & Co., Jacob H. Heller and Louis Rabinovic, constituting the firm of Heller & Rabinovic, and John J. Gorman, sheriff of the city and county of Hew York, to set aside a judgment entered in favor of S. 0. Boehm & Co. in an action brought by them against Heller & Rabinovic. Judgment for defendants. In August, 1892, S. C. Boehm & Co. brought an action against Heller & Rabinovic for goods sold. The summons and complaint were served upon Jacob H. Heller only, and on the same…
1Opinion of the CourtTruax, J.
In Garrison v. Garrison, 67 How. Pr. 271, the defendant who had been served with a summons offered to let the plaintiff take judgment against himself and the defendant who had not been served with summons. This offer was signed by an attorney, who appeared as the attorney for the defendant who had been served. The offer was accepted, and judgment was entered against both defendants. The defendant who had not been served moved to set the judgment aside upon the grounds of irregularity and collusion. In Rich v. Roberts, (City Ct. N. Y.) 10 N. Y. Supp. 915, the motion to vacate judgment was made…
2Cases cited5 opinions
- Binney v. LeGalNew York Supreme Court · 1855
- Garrison v. GarrisonNew York Supreme Court · 1884
- Emery v. Emery & RedfieldNew York Supreme Court · 1854
- Paton v. WrightThe Superior Court of New York City · 1858
- Rich v. RobertsCity of New York Municipal Court · 1890