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7 Abb. N. Cas. 194

Cuff v. Dorland

New York Supreme Court

Decided December 15, 1878

New York Supreme Court · decided 1878-12-15

Motion by defendant to open a judgment taken by default. This action was brought by Patrick Cuff against Jane A. Dorland, to compel specific performance of a contract for the sale of a parcel of land in New York city. At a second trial, granted by the court of appeals (57 N. Y. 560), defendant’s default was taken.

Decided 1878-12-15

Daniels, J.

¶1[After permitting the default to be opened on payment of costs by defendant.]—There is no reason for allowing the service of a supplemental answer. For the party succeeding to the plaintiff’s right in the case may continue to prosecute the action in his name, the same as though no change of interest had taken place (Code, § 756).

¶2Should the costs not be paid, then the motion will be denied. But in case of payment the cause will be again restored to the calendar for trial.

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