Jones v. United States Slates Co.
New York Supreme Court
Motion to set aside judgment. The plaintiff obtained a judgment against defendants in the above action, on the 22dof October, 1856, for $1,668.25, damages and costs, and filed roll in Washington county. The complaint was not sworn to, but the plaintiff took his judgment without any formal proof before the clerk.
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Motion to set aside judgment. The plaintiff obtained a judgment against defendants in the above action, on the 22dof October, 1856, for $1,668.25, damages and costs, and filed roll in Washington county. The complaint was not sworn to, but the plaintiff took his judgment without any formal proof before the clerk. He swears that it was intended- to swear to the complaint ; but that he was absent from the county when the judgment was taken, and was unable to verify his complaint; but that the whole amount of the judgment was for a just demand -; that no offsets justly exist against it, and…
1Opinion of the Court
C. L. Allen, Justice.
The weight of evidence as derived from the affidavits on both sides, is, that the secretary of the company, Mr. Butler, knew of the action against the company, and of the judgment previous to the fore part of March last, When he admits he knew of it, but swears that he had no previous knowledge. The affiant deposes that he was informed of the commencement of the suit shortly thereafter and that he replied there was no defence, but that the company would beat plaintiff on the execution. He was bound to move promptly as soon as he discovered the irregularity. If the…
2Cases cited4 opinions
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