Lawrence v. . Farley
New York Court of Appeals
Appeal from order of the General Term of the Supreme; Court in the first judicial department, affirming an order of" Special Term opening a judgment taken by default in a foreclosure suit, so far as it affects the defendant Farley. The facts appear sufficiently in the opinion.
1Opinion of the CourtRapallo, J.
The order made at Special Term in this case opened a judgment entered against the defendants in 1862, upon default in not appearing or answering, so far as 'to let the respondent in to answer and defend. By the judgment, the defendant Farley was adjudged liable for a •deficiency arising on a sale of mortgaged premises. The judgment was not docketed until April, 1874, and, as the defendant Farley swears, was brought to his notice only a few days before he made the present application, in December, 1876.
The sufficiency of the excuse given by the defendant for .suffering the default, and the…
2Cited by9 opinions
- Hatch v. . Central National BankNew York Court of Appeals · 1879
- Bossout v. Rome, Watertown & Ogdensburg R. R. Co.New York Court of Appeals · 1892
- Davis v. SolomonAppellate Terms of the Supreme Court of New York · 1899
- Keller v. FeldmannNew York Court of Common Pleas · 1893
- Walsh v. SchulzNew York Court of Common Pleas · 1884
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