Marvin v. Brandy
New York Supreme Court
Appeal from Chautauqua county court. Action of foreclosure brought by Robert RT. Marvin and others against Phebe Brandy and others. Defendant Brandy appeals from an order denying her application for an order opening the judgment taken against her by default, and for leave to come in and defend.
1Opinion of the CourtMacomber, J.
The motion of the appellant, Phebe Brandy, which was denied by the special county judge of Chautauqua county, was made under section 445 of the Code of Civil Procedure relating to the appearances and defenses of the parties defendant in an action who are served, not personally, but by order of publication. This section of the Code permits a party, thus served without the state, to defend the action, on application and sufficient cause shown, (1) at any time before final judgment; (2) after final judgment, and at any time within one year after personal service of a written notice of the…
Also in this document: Concurrence.
2Cases cited4 opinions
- Fleischmann v. . BennettNew York Court of Appeals · 1880
- Roche v. WardNew York Supreme Court · 1853
- Hartwell v. WhiteNew York Court of Chancery · 1841
- Jacquerson v. Van ErbenNew York Supreme Court · 1855
3Cited by2 opinions
- Robinson v. Lyndonville Creamery Ass'nMassachusetts Supreme Judicial Court · 1933
- Carpenter v. WeatherwaxAppellate Division of the Supreme Court of the State of New York · 1950