Johnson v. Manning
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John J. Manning, as President of ' Local Union No. 471 of the United Brotherhood of Carpenters and Joiners of America, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 31st day of January, 1902, denying the defendant’s motion to vacate and set aside a judgment obtained by the plaintiff against the defendant in the Municipal Court of the city of New York,…
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Appeal by the defendant, John J. Manning, as President of ' Local Union No. 471 of the United Brotherhood of Carpenters and Joiners of America, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 31st day of January, 1902, denying the defendant’s motion to vacate and set aside a judgment obtained by the plaintiff against the defendant in the Municipal Court of the city of New York, borough of Brooklyn, first district.
1Opinion of the Court
Jenks, J.:
On October 11, 1901, the plaintiff recovered a judgment by default in the Municipal Court, borough of Brooklyn, against an unincorporated association, consisting of more than seven members, after service of, the summons and complaint upon Mr. Manning as president thereof. A transcript of the judgment was filed, the judgment was docketed in the office of the clerk of Kings county and execution thereon was issued to the sheriff, who returned it *286unsatisfied. Proceedings supplementary revealed a . deposit in a bank to the credit of the association, and the plaintiff applied to the…
2Cases cited4 opinions
- Dieffenbach v. . RochNew York Court of Appeals · 1889
- Beebe v. Nassau Show Case Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Rowe v. PeckhamAppellate Division of the Supreme Court of the State of New York · 1898
- Szerlip v. BaierAppellate Terms of the Supreme Court of New York · 1897
3Cited by4 opinions
- In re MurphyAppellate Division of the Supreme Court of the State of New York · 1912
- Korpolinski v. Korpolinski, New York County Courts1914
- Mossein v. Empire State Surety Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Norell Holding Corp. v. PutterAppellate Division of the Supreme Court of the State of New York · 1945