Jacobs v. Zeltner
New York Court of Common Pleas
Appeal from fourth, district court. Summary proceedings by Isaac Jacobs against Henry Zeltner to recover possession of premises. The possession was awarded to plaintiff, and a motion to open a default was denied, and defendant appeals. Final order affirmed. Appeal from denial of motion dismissed.
1Opinion of the CourtBischoff, J.
Judgment for dispossession of the appellant from that certain portion of the premises in question which he held by lease was rendered upon default of his appearance, and the warrant was duly executed. The proceedings were based upon the certificate of a marshal to the effect that the precept had been served upon defendant by delivering the same to and leaving it with a person of suitable age, residing upon the premises, defendant being at the time absent therefrom. Appellant subsequently made motion before the justice to open his default, upon the ground that he was never apprised of the…
2Cases cited5 opinions
- Hurry v. CoffinNew York Court of Common Pleas · 1882
- Waring v. McKinleyNew York Supreme Court · 1862
- Rosenthal v. GrouseNew York Court of Common Pleas · 1885
- Jewell v. HeinzelNew York Court of Common Pleas · 1876
- Moench v. YoungNew York Court of Common Pleas · 1890
3Cited by13 opinions
- Leavitt v. KatzoffAppellate Terms of the Supreme Court of New York · 1904
- Beebe v. Nassau Show Case Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Campbell v. LumleyAppellate Terms of the Supreme Court of New York · 1898
- Dreyfus v. CarrollAppellate Terms of the Supreme Court of New York · 1899
- Wensley v. RandolphNew York Court of Common Pleas · 1894
8 more not listed; retrieve them via the Exa API.