Manufacturers' & Mechanics' Bank of the Northern Liberties of the County of Philadelphia v. Boyd
New York Supreme Court
Judgment against the defendants was entered in this court on the 10th of February, 1842, for §60,000 of debt, by virtue of a bond and warrant of attorney executed by the defendants to the plaintiffs on the 16th of April, 1841. The warrant was like that in 3 Hill, 461, (see also 5 id. 497,) except that it named a different attorney, and described both of the defendants as resiVOL. dents of the state of Pennsylvania: The defendants did not learn that a judgment had been…
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Judgment against the defendants was entered in this court on the 10th of February, 1842, for §60,000 of debt, by virtue of a bond and warrant of attorney executed by the defendants to the plaintiffs on the 16th of April, 1841. The warrant was like that in 3 Hill, 461, (see also 5 id. 497,) except that it named a different attorney, and described both of the defendants as resiVOL. dents of the state of Pennsylvania: The defendants did not learn that a judgment had been entered until the 6th of May last, and they gave notice of this motion for the June special term, when it went over until the…
1Opinion of the Court
By the Court, Bronson, Ch. J.
We adhere to the opinion expressed in The Manufacturers’ Bank v. St. John, (5 Hill, 497,) that the warrant of attorney did not authorize the entry of a judgment in this state.
Although more than a year has elapsed since the judgment was entered, the motion is not made on the ground of mere irregularity. It involves a substantial matter of right. A judgment has been entered against the defendants without authority. The statute does not apply to such a case. (Dederick’s Adm. v. Richley, 19 Wend. 108.) The defendants have lost no time in making the motion after they…
2Cases cited1 opinion
- Dederick's Administrators v. RichleyNew York Supreme Court · 1838
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