Lewis v. Graham
New York Supreme Court
Appeal from an order denying a motion to vacate a judgment for irregularity, or for leave to defend. The action was brought by Thomas Lewis against Charles Graham, Andrew and Bobert McKenna, and others. The summons had been served on the defendants McKenna by publication, and deposit in the post-office. The irregularities complained of related to errors in publication, and defects in the affidavit of service.
1Opinion of the CourtSutherland, P. J.
The order appealed from, so far as it denies leave to the defendants Andrew McKenna and Bobert McKenna, to come in and defend the action, is not appealable, *127especially as the order gives them leave to move under section 135 of the Code, on payment of $10 costs of the motion.
The order to show cause, which brought before the court the motion in which the order appealed from was made, does not specify the grounds of irregularity, as required by the 39th rule of this court. This would have been a sufficient ground for denying the motion to set aside the judgment for irregularity, and we cannot…
2Cited by5 opinions
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