Levy v. Joyce
The Superior Court of New York City
This is an appeal, by the defendant Joyce, from an order denying a motion, made by him (after trial and judgment), to open the case so far as to permit him to make proof of a claim which he omitted to prove at the trial. The nature of the controversy, and the facts and circumstances under which the order, appealed from, was made, are fully stated, in the opinion of the Court. Andrew Benedict, for certain defendants who had established their claims on the trial.
1Opinion of the CourtBy the Court. Woodruff, J.
The appellant, Joyce, one of the defendants herein, having a claim for work and materials done and furnished towards the erection of a building in the city of New York, against the person who contracted to erect such building for the owner, on the 3d of October, 1851, took the steps prescribed by statute to create a lien upon the building, and afterwards instituted the proceedings (also prescribed by statute) in the Court of Common Pleas, to bring such lien to a close, and issue was joined in such proceedings prior to October, 1852. Before the issue was brought to trial, the building itself…
2Cited by8 opinions
- Gideon v. DwyerNew York Supreme Court · 1896
- McDaniel v. HoblitWyoming Supreme Court · 1926
- Barrett v. Oakley, SheriffWyoming Supreme Court · 1929
- Macomber v. Mayor of New YorkThe Superior Court of New York City · 1860
- Early v. BardAppellate Division of the Supreme Court of the State of New York · 1904
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