Lapaugh v. Wilson
New York Supreme Court
Appeal by Jolm Townskend from an order denying a motion to vacate an ex parte order allowing proof to be supplied to a judgment-roll of the service of the summons in the action.
1Opinion of the Court
Daniels, J.:
The action was commenced in September, 1852, a judgment by-default was taken in it on the 20th of October, 1852. By the judgment-roll, an admission appeared to have been indorsed on the summons, and signed by James Wilson, administrator and Sarah J. Finley, administratrix, admitting service of the summons to be made upon them on the 18th of September, 1852; but in the record no proof was made that these names were subscribed by the defendants in the action. To supply this proof an application without notice was made to the court by John Andrews, the attorneyin the suit, on the 7th…
2Cases cited2 opinions
- Austin v. MonroeNew York Supreme Court · 1871
- Amoré v. La MotheThe Superior Court of New York City · 1878