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Boyle v. Hopkins

159 N.Y.S. 1101 Court N.Y. App. Div. Decision date 1916-05-24 English

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p. 1101
Etta BOYLE, applt., v. Walter G. HOPKINS and Edward Stengel, as sheriff, etc., respts.
(Supreme Court, Appellate Division, Fourth Department.
May 24, 1916.

Interlocutory ) udgment affirmed with costs, with leave to the laintiff to plead over within twenty days pen payment of the costs of the demurrer nd of this appeal. Held, assuming, withut deciding, that the judgment of the Ciiy ioui't may be attacked collaterally and an ación in equity will lie, it affirmatively appearng tho,. a transcript of the judgment was led and that the appellant moved in the County lourt to set aside the judgment upon the round that it was void, the demurrer was ■roperly sustained because the appellant is (included by the order of the County Court, rom which she has not appealed. Order vaating stay affirmed, with $10 costs and disursements. All concur.