Booth v. Kingsland Avenue Building Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, William Booth and another, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings upon the 23d day of January, 1897, upon the report of a referee, and also from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 19th day of January, 1897, continuing the report of the- referee upon which said…
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Appeal by the plaintiffs, William Booth and another, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings upon the 23d day of January, 1897, upon the report of a referee, and also from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 19th day of January, 1897, continuing the report of the- referee upon which said judgment was entered, and directing the entry of said judgment.
1Opinion of the Court
Hatch, J.:
The action was brought to foreclose a mechanic’s lien. There was no appearance or answer served by the defendants, and if the action was in fact commenced the defendants were in default. The defendants claimed that in fact the summons and complaint were not served and that no action has ever been commenced. In pursuance of this claim, the defendant corporation obtained an order to show cause why the notice of lien should not be discharged and canceled of record, together with the notice of pendency of the *408action and the summons and complaint. The affidavits in support of this motion…
2Cited by6 opinions
- Carl v. CarlMissouri Court of Appeals · 1955
- Norton v. Southern Railway Co.City of New York Municipal Court · 1930
- Straus v. GuilhouAppellate Division of the Supreme Court of the State of New York · 1903
- Wellman v. LipkindAppellate Division of the Supreme Court of the State of New York · 1929
- Ward v. WardAppellate Division of the Supreme Court of the State of New York · 1901
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