Legal Opinion

Post & Baldwin v. Coleman

New York Supreme Court

Decided November 15, 1853PublishedCited by 4 opinions

Motion to set aside the judgment entered by confession in this action, for irregularity.

1Opinion of the Court

Crippen, Justice.

The first ground relied upon is, that the statement in the judgment roll does not set forth the facts out of which the indebtedness arose with sufficient certainty or *65particularity : and also that it does not show that the sum was justly due, or to become due. •

The statute requires that the confession shall concisely state the facts out of which the indebtedness arose, and that the sum for which the judgment is confessed is justly due, or to become due. § 383 of Code, sub. 2.

The statement in the confession in this case sets forth, that on the 3rd day of November instant, the…

2Cited by4 opinions

  1. Vreeland v. Pennsylvania Tanning Co.Appellate Division of the Supreme Court of the State of New York · 1909
  2. Claflin v. SangerNew York Supreme Court · 1859
  3. Claflin v. SangerNew York Supreme Court · 1860
  4. Mosher v. HeydrichNew York Supreme Court · 1865

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