Legal Opinion
Vesell v. Schreiber
Appellate Terms of the Supreme Court of New York
Decided June 6, 1907Published
Appeal from Municipal Court, Borough of Manhattan, Eleventh District. Action by Albert Vesell against Ezekiel Schreiber. From an order denying plaintiff’s motion to open his default, he appeals.
1Per curiam
The defendant having appeared upon the return day, the jurisdiction of the court was complete, and the denial of the motion to open the default upon the ground specified in the order, “that the court was without jurisdiction,” was error. Bevins & Rogers, App. Term Pr. c. 10, § 111; Elfenbein v. Rosenthal, 47 Misc. Rep. 380, 94 N. Y. Supp. 40; Droege v. Hertz et al. (Sup.) 95 N. Y. Supp. 570; Wolfert v. N. Y. City Ry. Co. (Sup.) 103 N. Y. Supp. 768.
Order reversed, with costs.
2Cases cited3 opinions
- Droege v. HerzAppellate Terms of the Supreme Court of New York · 1905
- Wolfert v. New York City Railway Co.New York Supreme Court · 1907
- Elfenbein v. RosenthalAppellate Terms of the Supreme Court of New York · 1905