Walker v. . Muir
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 25, 1908, which reversed an order of Special Term denying a motion for the discharge of record of a judgment under section 1268 of the-Code of Civil Procedure. In the year 1900 the plaintiff obtained a judgment by default against the defendant in an action founded upon a claim for legal services.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 25, 1908, which reversed an order of Special Term denying a motion for the discharge of record of a judgment under section 1268 of the-Code of Civil Procedure. In the year 1900 the plaintiff obtained a judgment by default against the defendant in an action founded upon a claim for legal services. Thereafter, in 1902, the default was opened and plaintiff directed to serve a complaint. Then the defendant again defaulted. Thus the matter stood, when he Sled a petition under the…
1Opinion of the CourtWerner, J.
The question presented by this appeal is whether a person against whom a judgment has been entered after his discharge in bankruptcy is entitled to an order discharging and canceling the judgment of record under the provisions of section 1268 of the Code of Civil Procedure in a case where the judgment was obtained upon a debt which had been scheduled in the bankruptcy proceeding. Section 1268 of our Code of Civil Procedure now provides that: “At any time after one year has elapsed, since a bankrupt was discharged from his debts, pursuant to the acts of congress relating to bankruptcy, he may…
2Cases cited3 opinions
- Dimock v. Revere Copper Co.Supreme Court of the United States · 1886
- Monroe v. . UptonNew York Court of Appeals · 1872
- Revere Copper Co. of Boston v. . DimockNew York Court of Appeals · 1882
3Cited by9 opinions
- Orix Credit Alliance, Inc. v. HortenDistrict Court, S.D. New York · 1997
- Herschman v. Justices of the Municipal CourtMassachusetts Supreme Judicial Court · 1915
- In re BoardwayDistrict Court, N.D. New York · 1918
- In re PaleyAppellate Division of the Supreme Court of the State of New York · 1940
- Jay's Stores, Inc. v. Ann Lewis Shops, Inc.New York Court of Appeals · 1965
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