Taylor v. Granite State Provident Ass'n
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made May 9, 1892, which affirmed an order of Special Term denying a motion by defendant to set aside a judgment by default in the above entitled action in favor of plaintiff and service of summons therein, and affirmed a subsequent order of said court denying a motion by defendant to resettle the first order or for a rehearing.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, made May 9, 1892, which affirmed an order of Special Term denying a motion by defendant to set aside a judgment by default in the above entitled action in favor of plaintiff and service of summons therein, and affirmed a subsequent order of said court denying a motion by defendant to resettle the first order or for a rehearing. The facts, so far as material, are stated in the opinion. The affidavits of service of Decker & Doty, on which alone the judgment was rendered, are entirely insufficient to…
1Opinion of the CourtO'Brien, J.
The defendant moved to set aside the judgment entered against it in this action and the service of the summons, on the ground that no jurisdiction was obtained of the person of defendant, as no sufficient or legal service of process had ever been made upon it. The motion was denied and the defendant then moved for a resettlement of the order which was refused. Orders were entered upon both motions from which an appeal was taken and they were affirmed - at General Term. The order denying the motion for resettlement was so far a matter of discretion that it is not reviewable here but the denial…
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