Hazard v. Wilson
New York Court of Common Pleas
Edward C. Hazard, Frank Creen and Albert J. Smith, sued William S. A. Wilson and John Armstrong, in the New Tork common pleas, on a promissory note. The action was commenced by service of summons and complaint, on September 1, 1877, on the defendant, John Armstrong.
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Edward C. Hazard, Frank Creen and Albert J. Smith, sued William S. A. Wilson and John Armstrong, in the New Tork common pleas, on a promissory note. The action was commenced by service of summons and complaint, on September 1, 1877, on the defendant, John Armstrong. On September 20, 1877, the last day to answer, in the absence from New York of Thomas Proctor, attorney for defendant Armstrong, said Armstrong by mistake informed a clerk in the office of his attorney, that this, action was in the supreme court, and acting on this information the clerk obtained from the supreme -court an order,…
1Opinion of the CourtRobinson, J.
[Orally.]—The order is valid. The judges of' this court have the power under section 354 of the Code of Civil Procedure, to grant such an order in a case brought in the supreme court, and a justice of. the supreme court has the like power in a case brought in this court, and this construction is supported by *52the decision In re Morgan, 56 N. Y. 629.* The error in the title of the papers may be disregarded.
Plaintiffs’ attorney, without paying the costs required by the order entered on the above decision, immediately obtained an order to show cause, returnable-in less than ten days after the…
2Cases cited1 opinion
- Matter of MorganNew York Court of Appeals · 1874
3Cited by4 opinions
- Marks v. KingNew York Supreme Court · 1884
- Randell v. AbrisquetaCity of New York Municipal Court · 1886
- In re the Estate of McTeveyNew York Surrogate's Court · 1916
- Fleischman v. YagelNew York Supreme Court · 1896