Corbett v. Fleming
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Peter C. Fleming and others, from an order of the Supreme Court, made at the New York Special Terin and entered in the office of the clerk of the county of New York on the 28th day of July, 1909, granting the plaintiffs motion to vacate an order, interlocutory judgment and final judgment previously made in the action.
1Opinion of the Court
Scott, J.:
I think that this order should be reversed. If there was any irregularity in the proceedings, the plaintiff who now asks to vacate them was directly and primarily responsible. The action is in partition. The defendants defaulted and the plaintiff applied for and obtained the usual order of reference as to title, liens, etc. (Code Civ. Proc. § 1545 ; General Pules of Practice, rule 66.) After all the proofs had been taken before the referee the defendants appellants were permitted to appear and answer, the stipulation allowing them to do so providing that such appearance should be…
2Cases cited2 opinions
- Levine v. GoldsmithAppellate Division of the Supreme Court of the State of New York · 1902
- Winfield v. StacomAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by2 opinions
- O'Brien v. O'BrienNew York Supreme Court · 1976
- Corbett v. FlemingNew York Supreme Court · 1910