Heyman v. Wick

Lewis, David C., J.

This action is brought upon a money judgment procured in this court.

The complaint simply states that on November 13, 1923, a judgment was “ duly given in favor of the plaintiff and against the defendant, for the sum of $167.48 ” in the Municipal Court of the City of New York, after due personal service of the summons.

The complaint is barren of any allegation of the filing of a transcript or of the entry of an order of this court sanctioning this action. The defendant contends:

1. That the complaint fails to state facts sufficient to constitute a cause of action.

2. That this…