Fassett v. Tallmadge
New York Supreme Court
Appeal from an order of the special term. In August, 1860, Elias Fassett recovered a judgment in this court against the appellant, Samuel W. Tallmadge, for the sum of $20,586.77. In December of the same year, Fassett commenced the present suit against the appellant and one Andrew Harder, in the nature of a creditor’s bill, and sought to set aside a conveyance made by the appellant to Harder, on the ground of fraud.
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Appeal from an order of the special term. In August, 1860, Elias Fassett recovered a judgment in this court against the appellant, Samuel W. Tallmadge, for the sum of $20,586.77. In December of the same year, Fassett commenced the present suit against the appellant and one Andrew Harder, in the nature of a creditor’s bill, and sought to set aside a conveyance made by the appellant to Harder, on the ground of fraud. The complaint charged the appellant with fraud in selling certain real estate ; and alleged that Harder fraudulently purchased and held the same. On January 30,1861, before the…
1DissentPeckham, J.
This is a motion to 'set aside proceedings for irregularity—not on the merits, as no affidavit of merits is made.
What are the proceedings sought to be set aside ? They are: first, an order of this court made at the July special term, 1861,. on notice to the defendant and appellant, striking out the answer of the defendant herein as sham. Second, an order of this court made on notice to the defendant on the 29th of October, 1861. The defendant appeared in court and opposed the motion. These are the proceedings sought to be set aside for irregularity.
The grounds of irregularity are: first, that…
2Cases cited1 opinion
- Wakeman v. LyonNew York Supreme Court · 1832