Flake v. . Van Wagenen
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court; in the second judicial district, dismissing appeal from judgment at Special Term in favor of plaintiff. The facts pertinent to the questions presented appear sufficiently in the opinion. Appeals may be taken to the General Term from judgments and orders entered upon the direction of a single judge of the same court in all cases. (Code, §§ 348, 349; Wilkinson v. Tiffany, 4 Abb.
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Appeal from order of the General Term of the Supreme Court; in the second judicial district, dismissing appeal from judgment at Special Term in favor of plaintiff. The facts pertinent to the questions presented appear sufficiently in the opinion. Appeals may be taken to the General Term from judgments and orders entered upon the direction of a single judge of the same court in all cases. (Code, §§ 348, 349; Wilkinson v. Tiffany, 4 Abb. Pr., 98.) Defendant’s answer was not frivolous. (Tamisier v. Gassard, 17 Abb., 187; Smith v. Mead, 14 id., 262.) This judgment was granted on notice to…
1Opinion of the Court
Earl, C.
The plaintiff commenced an action to foreclose a mortgage made by defendant, and the defendant put in an answer setting up various defences.
The plaintiff served a reply to the answer, and thereafter made a motion at Special Term, founded upon the pleadings for judgment, on the ground that the answer was frivolous. ¡Notice of the motion was properly served upon the defendant, but he did not appear to oppose, and the motion was granted by default. An order was then made appointing a referee to take proof of the facts stated in the complaint, and the requisite proofs were taken by such…
2Cases cited2 opinions
- Maltby v. GreeneNew York Court of Appeals · 1864
- Dorr v. BirgeNew York Supreme Court · 1850
3Cited by32 opinions
- R. A. Brown & Co. v. ChancellorTexas Supreme Court · 1884
- Citizens Trust Co. v. R. Prescott & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1927
- Lumbermen's Mutual Casualty Co. v. Fireman's Fund American InsuranceAppellate Division of the Supreme Court of the State of New York · 1986
- Keller v. FeldmannNew York Court of Common Pleas · 1893
- McLean v. TerritoryArizona Supreme Court · 1903
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