Walkup v. Mesick
Appellate Division of the Supreme Court of the State of New York
_ Appeal^ by the defendant, David W.. Mesick, doing business under the name and style of Fulton Foundry and Machine Company, from so much of an order of the Supreme Court, made at the New York Special Term, and entered in the office of the clerk of the county of New York on the 30th day of October, 1905, as.grants plaintiff’s motion for a stay of a certain action pending in the Municipal Court until the final determination of this 'action.
1Opinion of the Court
Clarke, J.:
This action was commenced by the personal service of the summons upon the defendant on the 8th day of June, 1905. Two days before, upon the 6th day of June, 1905, the defendant procured to be issued from the Municipal Court,'first district, borough of Brooklyn, a summons in the action of David W. Mesick against Samuel Thomas Wallcup to recover the sum of $119.63 for work, labor and services rendered and materials furnished. That summons was not, however, served until the 9th day of June, 1905. The complaint in the case at bar was verified on the thirteenth day of June. It alleges…
2Cases cited3 opinions
- Brown v. . GallaudetNew York Court of Appeals · 1880
- Ogden v. Pioneer Iron WorksAppellate Division of the Supreme Court of the State of New York · 1904
- Kerngood v. PondAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by3 opinions
- Rosenberg v. SlotchinAppellate Division of the Supreme Court of the State of New York · 1917
- Lessler v. GerliAppellate Division of the Supreme Court of the State of New York · 1911
- Lessler v. GerliAppellate Terms of the Supreme Court of New York · 1911