Brown v. Niagara Machine Co.
Superior Court of Buffalo
Appeal from municipal court. Action by Frank H. Brown against the Niagara Machine Company. Judgment by default was entered, and defendant appeals, and moves that the default be opened, and a new trial be granted.
1Opinion of the CourtHatch, J.
The summons, together with a verified complaint setting np an account and demanding judgment, was served upon the defendant herein on April 4, 1889. On the return-day, April 12, 1889, defendant appeared before the municipal court, and asked for an adjournment, which was objected to by plaintiff, and denied by the court; and thereupon, no answer being put in, the plaintiff was awarded judgment by the court for the amount demanded *515in the complaint. The defendant thereupon appealed from the judgment, and also served a notice of motion, based upon accompanying affidavits, asking to be relieved…
2Cases cited2 opinions
- Tanner v. MarshNew York Supreme Court · 1867
- Armstrong v. CraigNew York Supreme Court · 1854
3Cited by2 opinions
- Stilwell v. Rowe, New York County Courts1913
- Hopkins v. Niagara Mach. Co.Superior Court of Buffalo · 1889