¶1It would have been the better practice to have moved to-vacate the judgment, as well as the execution issued thereunder. For the reasons set forth in the appeal in this action decided herewith, this order-will be reversed, with $10 costs and disbursements, and the motion granted.
139 N.Y.S. 345
Kramer v. Barth
Appellate Terms of the Supreme Court of New York
Decided January 13, 1913
Appellate Terms of the Supreme Court of New York · decided 1913-01-13
Action by Mary Kramer against Max Barth , and another. From an order-denying defendants’ motion to vacate and set aside execution, and compel plaintiff to enter an interlocutory judgment on demurrer, defendants appeal.
Order reversed · Decided 1913-01-13