Harrison v. . Gibbons
New York Court of Appeals
Appeal from, orders of the General Term of the Supreme Court, in the fourth judicial department, affirming orders of Special Term vacating a judgment by confession herein, and setting aside a sheriff’s sale and certificate of sale of real estate, on execution issued on said judgment.
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Appeal from, orders of the General Term of the Supreme Court, in the fourth judicial department, affirming orders of Special Term vacating a judgment by confession herein, and setting aside a sheriff’s sale and certificate of sale of real estate, on execution issued on said judgment. On the 29th of March, 1875, the plaintiff recovered a judgment, by confession herein, for $1,207.69, consisting of two items; one of $1,109.49, and the other of $98.20. The material portion of the statement upon which the judgment was entered, is set forth in the opinion. Execution was issued upon said judgment,…
1Opinion of the CourtAndrews, J.
There is no appeal from that part of the order of the Special Term, which sustained the judgment as to the item of $98.28 embraced in the statement. The Special Term set aside the judgment as to the other item of $1,109.41 as against Kettner, a subsequent judgment-creditor, on the ground of the insufficiency and indefiniteness of the statement in respect of the origin and consideration of the alleged indebtedness.
The correctness of the order of the Special Term setting aside this part of the judgment depends upon the consideration whether the statement concisely stated “ the facts out of…
2Cases cited3 opinions
- Neusbaum v. . KeimNew York Court of Appeals · 1862
- Freligh v. . BrinkNew York Court of Appeals · 1860
- Ely v. . CookeNew York Court of Appeals · 1863
3Cited by16 opinions
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- Critten v. . VredenburghNew York Court of Appeals · 1897
- Hard v. FosterSupreme Court of Missouri · 1889
- Tutorship of CraneSupreme Court of Louisiana · 1895
- Cole-Hatchard v. NicholsonAppellate Division of the Supreme Court of the State of New York · 2010
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