Freeman v. Demorest
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of the Bronx, Second District. " Action by Le Roy G. Freeman against Horace E. Demorest. From a judgment for plaintiff, and from an order refusing to vacate the judgment, defendant appeals.
1Opinion of the CourtGildersleeve, P. J.
On October 24, 1907, a judgment was entered against the defendant in this action in favor of the plaintiff upon proof of the service of the summons upon the defendant; he not appearing. On December 19, 1907, the defendant appealed from such judgment under the provisions of section 311 of the Municipal Court act (Laws, 1902, p. 1578, c. 580). Eight days prior to the hearing of this appeal, in accordance with the practice (Austen v. Columbia Lubricants Co. [Sup.] 85 N. Y. Supp. 362; Lazarus v. Boynton [Sup.] 86 N. Y. Supp. 104) the defendant served upon the plaintiff’s attorney affidavits *1081showin…
2Cases cited2 opinions
- Austen v. Columbia Lubricants Co.Appellate Terms of the Supreme Court of New York · 1903
- Lazarus v. BoyntonAppellate Terms of the Supreme Court of New York · 1904
3Cited by1 opinion
- Freeman v. DemorestAppellate Terms of the Supreme Court of New York · 1908