New York Supreme Court, 1890

Corning v. Roosevelt

New York Supreme Court · Decided March 31, 1890 · Andrews

10 N.Y.S. 937; 18 N.Y. Civ. Proc. R. 193; 1890 N.Y. Misc. LEXIS 1074 (New York Supplement)

Counsel

D. J. M. O’Callaghan, for plaintiff. Davison & Chapman, for defendant.

Opinion of the Court

Andrews, J.

As no copy of the affidavit of merits was served; plaintiff has the right to disregard it. Code Civil Proc. § 782; Rule 24. The judgment was heretofore regularly entered, and the defendant is in default. Such default will be opened so far as to permit a defense of the action upon payment of plaintiff’s costs and disbursements; the answer to be served within . 10 days, and the judgment to stand as security. The order will be settled on notice.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.