People & Taylor v. Mayor of New York
New York Supreme Court
Motion to set aside judgments. These were motions made by the corporation counsel, and by the comptroller of the city, proceeding under the Laws of 1859, ,ch. 489, § 5, to set aside three judgments obtained against the city. The first judgment was in a suit brought, in which the People and Taylor & Brennan were plaintiffs, to recover from the city and its lessees the possession of lands. The proceedings in this action are recounted in the opinion of the court.
Read the full summary
Motion to set aside judgments. These were motions made by the corporation counsel, and by the comptroller of the city, proceeding under the Laws of 1859, ,ch. 489, § 5, to set aside three judgments obtained against the city. The first judgment was in a suit brought, in which the People and Taylor & Brennan were plaintiffs, to recover from the city and its lessees the possession of lands. The proceedings in this action are recounted in the opinion of the court. The second judgment was in an action brought by Taylor to recover damages for mesne profits, he having procured from the commissioners…
1Opinion of the CourtIngraham, J.
The defendants, The Mayor, &c., of the city of New York, move to set aside the judgments entered in these cases, and all executions and proceedings thereon, and all proceedings in the action No. 1, after the order of Justice Roosevelt of 13th July, 1859, and all stipulations to refer, and subsequent proceedings in the other actions and for other relief.
These motions come before me in a twofold aspect.
The comptroller, under the act of 1859, moves to set aside the proceedings upon the allegations of supposed collusion in obtaining the judgments, or that they were founded in fraud.
The counsel…
2Cases cited29 opinions
- Holker v. ParkerSupreme Court of the United States · 1813
- Seth v. CramerCourt for the Trial of Impeachments and Correction of Errors · 1825
- Jackson ex dem. M'Crea v. BartlettNew York Supreme Court · 1811
- Gorham v. GaleNew York Supreme Court · 1827
- Ray v. BirdseyeCourt for the Trial of Impeachments and Correction of Errors · 1846
24 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Stone v. Bank of CommerceSupreme Court of the United States · 1899
- Platz v. City of CohoesNew York Supreme Court · 1880
- In re the Estate of JaffeNew York Surrogate's Court · 1937
- Jones v. VaneIdaho Supreme Court · 1905
- O'Brien v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1899