Vesell v. Schreiber

The defendant having appeared upon the return day, the jurisdiction of the court was complete, and the denial of the motion to open the default upon the ground specified in the order, “that the court was without jurisdiction,” was error. Bevins & Rogers, App. Term Pr. c. 10, § 111; Elfenbein v. Rosenthal, 47 Misc. Rep. 380, 94 N. Y. Supp. 40; Droege v. Hertz et al. (Sup.) 95 N. Y. Supp. 570; Wolfert v. N. Y. City Ry. Co. (Sup.) 103 N. Y. Supp. 768.

Order reversed, with costs.