Mayor v. Brady
The Superior Court of New York City
Appeal by plaintiff from interlocutory judgment, entered upon orders sustaining demurrers interposed by each of the defendants to the plaintiff’s complaint. Appeal from order allowing defendants appearing by different attorneys, their costs severally. Appeal from an order vacating the injunction theretofore granted in the action.
1Opinion of the Court
By the Court.—Sedgwick, Ch. J.
The complaint seeks to set aside judgments at law, in several actions that have been tried, and to interpose the defence of fraud in those actions. The plaintiff’s right, as claimed for this relief, is placed upon those allegations of the complaint that relate to the plaintiff’s claim, that the fraud was discovered, since the judgments, from evidence, also since then discovered.
I do not examine whether the defence, if interposed and sufficiently proved, would result in a verdict for plaintiff, and do examine the complaint, to ascertain, whether it shows that such…
2Cases cited4 opinions
- Simson v. HartCourt for the Trial of Impeachments and Correction of Errors · 1816
- Wiser v. BlachlyNew York Court of Chancery · 1817
- Dodge v. StrongNew York Court of Chancery · 1816
- Graham v. StaggNew York Court of Chancery · 1831