Hyperlawhypertext legal database Oetjen v. Fajen 25 N.Y.S. 1151

← Cases

Oetjen v. Fajen

25 N.Y.S. 1151 Court N.Y. City Ct. Decision date 1893-11-27 English

Delivered by MCCARTHY, J.

Contents

Majority

p. 1151
OETJEN, Respondent, v. FAJEN, Appellant.
(City Court of New York, General Term.
November 27, 1893.)

Headnote

Action by Herman Oetjen against Henry F. Fajen.
Argued before NEWBURGER and MCCARTHY, JJ.
Gumbleton & Hottenroth, for appellant.
Foster, Hotaling & Klenke, for respondent.

This is an appeal from an order denying a motion to vacate and set aside a judgment entered herein, and to vacate and set aside an attachment issued in the same action. The facts are conflicting, and appear to have been fairly and fully considered by the justice who passed on the motion. It involves a question of fact, and we do not feel that we can determine-more correctly than he. Order is affirmed, with costs.