Murphy v. Lyon
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Anna E. Lyon, from an order of the Supreme Court, made at the Ulster Special Term and entered in the office of the clerk of the county of Ulster on .the 20th day of-January, 1908, denying the defendant’s motion to vacate a judgment theretofore entered herein.
1Opinion of the Court
Chester, J.:
The plaintiff duly noticed the cause of action for trial at the Ulster December term, and placed the case upon the calendar of . the court for trial at that time. Thereafter and prior to the- expiration of the defendant’s time to serve an amended answer, the defendant duly served an amended answer setting up usury as a new and separate defense to the action. ¡No notice of trial was thereafter served, and the plaintiff served no notice of motion to strike out such amended answer. The plaintiff thereafter, in the absence of the defendant’s counsel, moved the case for trial and…
2Cases cited4 opinions
- New York Insulated Wire Co. v. Westinghouse Electric & Manuf'g Co.New York Supreme Court · 1895
- Coler v. LambAppellate Division of the Supreme Court of the State of New York · 1897
- Haskin v. MurrayAppellate Division of the Supreme Court of the State of New York · 1898
- Minrath v. Teachers' Land & Improvement Co.New York Supreme Court · 1892
3Cited by2 opinions
- In re the Estate of MorningstarNew York Surrogate's Court · 1932
- Grossman v. SilvermanNew York Supreme Court · 1911