Mayor of New York v. Smith
The Superior Court of New York City
The plaintiffs claim that the action was commenced by the service of a summons on the defendant Smith on July 21, 1868, and on the other defendants on July 24 and 25, 1868. That all the defendants appeared in the action August 4, 1868, by Frank S. Smith, as attorney. The notice of appearance is entitled in the “ Supreme ” Court, and is for “ the defendants ” without naming them.
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The plaintiffs claim that the action was commenced by the service of a summons on the defendant Smith on July 21, 1868, and on the other defendants on July 24 and 25, 1868. That all the defendants appeared in the action August 4, 1868, by Frank S. Smith, as attorney. The notice of appearance is entitled in the “ Supreme ” Court, and is for “ the defendants ” without naming them. It is dated August 4, 1868. No proceedings seem to have been taken in the action until February, 1890, when the corporation counsel served a notice of application for judgment as by default, which motion he…
1Opinion of the Court
By the Court.—McAdam, J.
The plaintiffs are certainly guilty of great laches in allowing an action commenced in 1868 to slumber twenty-four years, when according to their theory they were entitled to take judgment as by default for want of an answer in December, 1868. The defendant was sued as surety on a lease made to one Allerton, who, at the time the plaintiffs claim they were entitled to judgment, owned real estate and was solvent. He is now irresponsible. Under such circumstances the defendant cannot be censured by being seemingly technical as to plaintiffs’ practice in regard to the…
2Cases cited11 opinions
- Ferguson v. . CrawfordNew York Court of Appeals · 1877
- Denton v. NoyesNew York Supreme Court · 1810
- American Insurance v. OakleyNew York Court of Chancery · 1842
- Manufacturers' & Mechanics' Bank of the Northern Liberties of the County of Philadelphia v. BoydNew York Supreme Court · 1846
- Doe Ex Dem. Barbarie v. EslavaSupreme Court of the United States · 1850
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