Legal Opinion

Wade v. . De Leyer

New York Court of Appeals

Decided November 30, 1875PublishedCited by 4 opinions

These were motions to vacate orders entered under rule 7, dismissing the appeal. (Reported below, 8 J. & S., 541.) The facts appear sufficiently in the opinion.

1Opinion of the CourtEarl, J.

In action number one judgment was entered against this defendant, in February, 1858, for $172, besides costs. And in action number two judgment was entered against the defendant, in May, 1858, for $611.81, besides costs. Both judgments were recovered by default, in the Superior Court of the city of New York. The defendant was examined' in proceedings supplementary to executions, instituted upon each of said judgments in 1861. And then, if not before, had knowledge of the existence of both judgments. In May last, motions were made at Special Term of the court to set aside the defaults and…

2Cases cited2 opinions

  1. Foote v. . LathropNew York Court of Appeals · 1869
  2. Thompson v. . BlanchardNew York Court of Appeals · 1850

3Cited by4 opinions

  1. Keller v. FeldmannNew York Court of Common Pleas · 1893
  2. Rondout National Bank v. ShappeeNew York Supreme Court · 1948
  3. Cooper v. BaileyAppellate Division of the Supreme Court of the State of New York · 1902
  4. Cooper v. BaileyAppellate Division of the Supreme Court of the State of New York · 1902

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