Peetsch v. Quinn

This is an appeal from an order denying-a motion to vacate a judgment entered in ¿his action on June 22,1893, and also directing that the order of affirmance entered November 20,1891-, and the judgment entered June 22,1893, be entered mmopro t/u/no as of the date of the,decision of the General Term of this court, to wit, November 16, 1891. The affidavits on this motion as to the time of the death of the defendant are conflicting, and in the absence of positive proof as to the exact time of his death on the day when the decision of the General Term of this court was handed down and filed, we…