Kriser v. Rodgers
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, ‘Martha M. Rodgers, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 20th day of December, 1920, granting plaintiff’s motion to sever the action and allow the plaintiff to proceed against certain defendants.
1Opinion of the Court
Page, J.:
The action was brought to recover upon a promissory note. The maker has not been served. The payee defaulted, and the plaintiff without entering ah order for severance, entered judgment against him on July 27, 1920. Thereafter a notice of trial was served by the plaintiff on the attorney for the indorser who had appeared, and a motion was made to place *395the cause on the special calendar, Trial Term, Part II, for trial. In opposition to this application the appellant urged the objection of the entry of judgment against one defendant without severing the action. Thereupon, the plaintiff…
2Cases cited1 opinion
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