Wolchock v. Tombarelli
66 N.Y.S. 504, 32 Misc. 694
Opinion
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. Manufacturing Co. v. Catharine, 25 Misc. Rep. 338, 55 N. Y. Supp. 475. 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. Accident Co. (N. Y.) 58 N. E. 102.
The order appealed from must be reversed, with $10 costs to appellant.
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Wolchock v. Tombarelli, 66 N.Y.S. 504, 32 Misc. 694 (N.Y. Ct. App. 1900).
66 N.Y.S. 504 (Wolchock v. Tombarelli) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Worthington v. London Guarantee & Accident Co.
58 N.E. 102 (New York Court of Appeals, 1900)
Gormully & Jeffery Manufacturing Co. v. Catharine
25 Misc. 338 (New York Supreme Court, 1898)