Legal Opinion
Barth v. Owens
City of New York Municipal Court
Decided May 20, 1942PublishedCited by 5 opinions
1Opinion of the CourtBoneparth, J.
Defendant Elizabeth Owens moves to vacate a default judgment entered against her, claiming that the court did not obtain jurisdiction. A summons and verified complaint were served upon the defendant on the 19th day of February, 1942, and she delivered the same to her attorney.
The summons which was served required the defendant to appear within twenty days instead of within six- days, as required by section 49 of the New York City Court Act.
The defendant’s attorney refrained from appearing or answering. Thereafter, and on the 19th day of March, 1942, or twenty-eight days after the service of…
2Cases cited11 opinions
- Stuyvesant v. . WeilNew York Court of Appeals · 1901
- Gribbon v. . FreelNew York Court of Appeals · 1883
- Mishkind-Feinberg Realty Co. v. . SidorskyNew York Court of Appeals · 1907
- Armstrong v. MaySupreme Court of Oklahoma · 1916
- Gould v. JohnstonSupreme Court of Minnesota · 1877
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Canadian Pacific Ltd. v. Omark-Prentice Hydraulics, Inc.Court of Appeals of Wisconsin · 1978
- Delph v. SmithMichigan Supreme Court · 1958
- Flushing National Bank v. Brightside ManufacturiIng Inc.New York Supreme Court · 1969
- Mercantile National Bank of Chicago v. WismerAppellate Terms of the Supreme Court of New York · 1965
- Eminon Custom Builders, Inc. v. BlackCivil Court of the City of New York · 1971