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47 How. Pr. 118

Smith v. Matson

New York Supreme Court

Decided April 15, 1874

New York Supreme Court · decided 1874-04-15

Motion by defendant to set aside the judgment entered by default against him in this case on the ground that it is void for want of jurisdiction in the officer granting the order for publication of the summons. It will be necessary, in order to show the full grounds of the motion, as well as the opposition to it, to give the affidavits, &c., quite full, together with the briefs of counsel and the order of the court.

Decided 1874-04-15

¶1SUPREME COURT — State oe Mew York..

¶2At a general term of the supreme court, fourth judicial! department, held at the court-house, in the city of Rochester;. Monroe county, on the 29th day of April,. 1874,

¶3Present—Hon. Joseph Mullin, Presiding Justice.

¶4E. Darwin Smith,

¶5Jasper W. Gilbert,

¶6Associate Justices„

¶7JOHN SMITH,. agt. ASAHEL MATSON, Béspondént.

¶8The appeal from the order of the special term; setting-aside the judgment in the above-entitled action, having been brought to a hearing before this court; after hearing Henry *146R. Selden, Esq., for the appellant, and H. T. Tucker, Esq., for the respondent, it is ordered that the said order of the special term he reversed,in all things, with ten dollars costs of special term and ten dollars costs upon reversal.

¶9(Copy.) B. F. FREEMAN,

¶108p. Dejp. Clerk.

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