Nethercott v. Kelly
The Superior Court of the City of New York and Buffalo
Appeal from jury term. Action by William Hethercott against James Kelly and Charles A. Hess, guardian of his estate. Complaint dismissed, and plaintiff appeals.
1Opinion of the CourtFreedman, J.
On May 31, 1888, James Kelly obtained an order vacating as against him, and on terms which were complied with, the judgment entered against him by default, and leaving the judgment standing as against the guardian of his estate, the defendant Charles A. Hess. The order provided, .among other things not necessary to be mentioned, that James Kelly serve a verified answer to plaintiff’s amended complaint, and that the issue so formed be tried as a common-law action before a jury, as if the action were severed and tried separately as to James Kelly. A verified answer having been served to the…
2Cases cited1 opinion
- Ryan v. BoltzThe Superior Court of New York City · 1882