Trier v. . Herman
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made ¡M¡ay 13, 1887, which affirmed a judgment in favor of defendants, entered upon an order sustaining a demurrer to plaintiffs’ complaint. This action was brought by plaintiffs, as judgment-creditors of defendant Tuska, to vacate a judgment obtained against him by defendants Herman.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made ¡M¡ay 13, 1887, which affirmed a judgment in favor of defendants, entered upon an order sustaining a demurrer to plaintiffs’ complaint. This action was brought by plaintiffs, as judgment-creditors of defendant Tuska, to vacate a judgment obtained against him by defendants Herman. The complaint alleged, in substance, that the judgment in favor of Tuska was entered upon service of summons and complaint and an offer of judgment served bn the same day the complaint was…
1Opinion of the Court
Earl. J.
A creditor may obtain a judgment against his *' debtor in either one of three ways: (1.) He may serve a sum'mons in an action and take judgment after a trial or by default, ‘and he must pursue the regular practice to that end. (2.) He may serve a summons and complaint and obtain an offer of judgment from the defendant, and upon that enter judgment under section 738 of the Code; and if he adopts that course, he must pursue the practice prescribed; or (3), he may obtain a judgment by confession m the manner provided in sections 1273, etc., of the Code. He has the statutory right to…
2Cases cited2 opinions
- White v. CotzhausenSupreme Court of the United States · 1889
- Beards v. . WheelerNew York Court of Appeals · 1879
3Cited by7 opinions
- Solomon v. BaarNew York Supreme Court · 1938
- Lindsley v. Van CortlandtNew York Supreme Court · 1893
- Shenson v. I. Shainin & Co.New York Court of Appeals · 1935
- Berger v. VarrelmannNew York Supreme Court · 1890
- Granger v. LymanSuperior Court of Buffalo · 1891
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