Itzenplitz v. Chassin

On July 2, 1923, plaintiff obtained a judgment, by default, in the City Court of Buffalo against the defendant Norman A. Chassin only, for twenty-nine dollars and forty-two cents, filed a transcript in Erie county clerk’s office and issued an execution to the sheriff of Erie county. On July 26, 1923, said defendant moved in this court to have said default opened and for leave to defend. The motion was granted, and an order to that effect entered. The attorney for plaintiff now moves to vacate and set aside said order on the ground that the court did not have power to grant it. The motion…