Charles Wissman Co. v. Stokes
Appellate Division of the Supreme Court of the State of New York
Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by the Charles Wissman Company against William E. D. Stokes. From an order denying its motion to open its default, and from other subsequent orders in the action, plaintiff appeals. Crder denying motion to open default reversed, judgment vacated, and new trial ordered. Appeals from other subsequent orders dismissed.
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Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by the Charles Wissman Company against William E. D. Stokes. From an order denying its motion to open its default, and from other subsequent orders in the action, plaintiff appeals. Crder denying motion to open default reversed, judgment vacated, and new trial ordered. Appeals from other subsequent orders dismissed. Emanuel Jacobus, of New, York City (Joseph J. Dreyer, of New York City, of counsel), for appellant. Hastings & Gleason, of New York City (Edward L. Dennis, of New Yorlc City, of counsel), for respondent.
1Per curiam
There are two appeals in this case. The first comes up upon a notice of appeal dated February 20, 1913, and is an appeal from an order entered on January 31, 1913, which denied plaintiff’s motion to open its defaulti The other appeals are' from orders made in the same action, but subsequent to the order above mentioned. Under the decision in Colwell v. N. Y., N. H. & H. R. R. Co., 57 Misc. Rep. 623, 108 N. Y. Supp. 540, and Steinman v. Blumenfeld, 61 Misc. Rep. 220, 113 N. Y. Supp. 550, the proceedings in this action subsequent to the granting of the order appealed from were unauthorized. We…
2Cases cited3 opinions
- Colwell v. New York, New Haven & Hartford RailroadNew York Supreme Court · 1908
- Steinman v. BlumenfeldAppellate Terms of the Supreme Court of New York · 1908
- Colwell v. New York, New Haven & Hartford RailroadAppellate Terms of the Supreme Court of New York · 1908