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Dillingham v. Barron

New York Superior Court — General Term
Dec 1, 1893
6 Misc. 600 (N.Y. Misc. 1893)

Summary

In Dillingham v. Barron, 6 Misc. 600, 26 N.Y.S. 1109, it appeared that an attorney had been authorized and instructed to enter a special appearance on behalf of a nonresident defendant, but, due to a misapprehension as to the scope of his authority and being under the mistaken impression that the defendant had been personally served with process, he entered his general appearance in the action.

Summary of this case from Johnson v. Zoning Board of Appeals

Opinion

December, 1893.

F.J. Worcester, for plaintiff (appellant).

Hatch Wickes, for defendant (respondent).


The order should be affirmed, with ten dollars costs and disbursements, upon the opinion of the learned judge below.

Present: FREEDMAN and McADAM, JJ.

Order affirmed.


Summaries of

Dillingham v. Barron

New York Superior Court — General Term
Dec 1, 1893
6 Misc. 600 (N.Y. Misc. 1893)

In Dillingham v. Barron, 6 Misc. 600, 26 N.Y.S. 1109, it appeared that an attorney had been authorized and instructed to enter a special appearance on behalf of a nonresident defendant, but, due to a misapprehension as to the scope of his authority and being under the mistaken impression that the defendant had been personally served with process, he entered his general appearance in the action.

Summary of this case from Johnson v. Zoning Board of Appeals

In Dillingham v. Barron (26 N.Y.S. 1109) it appeared by affidavit of the attorney that he had entered a general appearance for the defendant, whereas his specific written instructions were to file "a special appearance."

Summary of this case from Bailey v. Coventry
Case details for

Dillingham v. Barron

Case Details

Full title:DILLINGHAM v. BARRON

Court:New York Superior Court — General Term

Date published: Dec 1, 1893

Citations

6 Misc. 600 (N.Y. Misc. 1893)

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