American Audit Co. v. Industrial Federation of America
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Industrial Federation of America, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 4th day of May, 1903, denying the defendant’s motion to resettle an order entered in the action on the 27th day of March, 1903.'
1Opinion of the Court
Ingraham, J.:
At the commencement of this action a warrant of attachment was obtained. Subsequently the defendant appeared and moved to vacate such attachment. This motion was made upon an order to show cause and the affidavits of the defendant’s secretary and the defendant’s attorney. When that motion came on to be heard, counsel, for the plaintiff stated in open court that the action had been discontinued before the appearance of the defendant, whereupon an order was entered without reciting the filing of any papers, but reciting that the plaintiff appearing and by way of preliminary…
2Cases cited1 opinion
- Corn Exchange Bank v. BossioAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Bergin v. AndersonAppellate Division of the Supreme Court of the State of New York · 1926
- Tuska v. JarvisAppellate Terms of the Supreme Court of New York · 1908