American Insulator Co. v. Bankers & Merchants' Telegraph Co.
New York Court of Common Pleas
Appeal from an order of the General Term of the City Court of New York affirming an order of that court vacating a judgment. The facts are stated in the opinion.
1Opinion of the CourtAllen, J.
This is an appeal from an order of the Gfen*203eral Term of the City Court of New York affirming an order of the Special Term of that court vacating a judgment in favor of the plaintiff as having been irregularly entered.
The defendant served its answer on the 12th of September, 1884, and on the 13th of September the plaintiff mailed to the defendant’s attorney a notice, pursuant to section 528 of the Code of Civil Procedure, that it elected to treat the answer as a nullity. On the 15th of the same month the plaintiff returned the answer with the reasons for so doing indorsed thereon, viz,:
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2Cases cited1 opinion
- Glaubensklee v. Hamburgh & American Packet Co.New York Court of Common Pleas · 1859
3Cited by4 opinions
- Duryea, Watts & Co. v. RaynerNew York Court of Common Pleas · 1895
- Henry v. Brooklyn Heights River Railroad, New York County Courts1904
- Henry v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- International Seal Co. v. BeyerCourt of Appeals for the D.C. Circuit · 1909