Wolchock v. Tombarelli

Appellate Terms of the Supreme Court of New York

Wolchock v. Tombarelli

32 Misc. 694

Appellate Terms of the Supreme Court of New York·Decided November 15, 1900·Published

Opinion

Per Curiam.

The order appealed from, which vacated and set aside a judgment against the plaintiff absolutely, omitted to set the case down for pleading, hearing or trial. Such an order is unauthorized in the Municipal Court. Gormully & Jeffery Mfg. Co. v. Catharine, 25 Misc. Rep. 338. The reason given by the justice for making the order, to-wit, that the defendant was not a resident of the county, is not sufficient. Worthington v. London, etc., Company, 164 N. Y. 81.

The order appealed from must be reversed, with ten dollars costs to appellant.

Present: Truax, P. J.; Scott and Dugro, JJ.

Order reversed, with ten dollars costs to appellant.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

The order appealed from, which vacated and set aside a judgment against the plaintiff absolutely, omitted to set the case down for pleading, hearing or trial. Such an order is unauthorized in the Municipal Court. Gormully & Jeffery Mfg. Co. v. Catharine, 25 Misc. Rep. 338. The reason given by the justice for making the order, to-wit, that the defendant was not a resident of the county, is not sufficient. Worthington v. London, etc., Company, 164 N. Y. 81.

The order appealed from must be reversed, with ten dollars costs to appellant.

Present: Truax, P. J.; Scott and Dugro, JJ.

Order reversed, with ten dollars costs to appellant.

Wolchock v. Tombarelli, 32 Misc. 694 (N.Y. Ct. App. 1900).

Pincite

32 Misc. 694 (Wolchock v. Tombarelli) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related