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Legal Opinion

Everitt v. Knapp

New York Supreme Court

Decided August 15, 1810PublishedCited by 4 opinions

EMOTT, for the defendant, moved to set aside the judgment, entered by confession, and the execution in this cause, on the ground that the bond was given for gaminsr debt. ; °

1Per curiam

Motion granted* The charge is so directly made out, by the affidavits, and the counter affii # s davits are so equivocal or evasive, that we do not think it necessary to award an issue to try the facts; but adjudge the warrant of attorney void, so as to leave the plaintiff to his remedy on the bond, by suit. r •' * 9 J

2Cited by4 opinions

  1. Day v. CummingsSupreme Court of Vermont · 1847
  2. Banning v. TaylorSupreme Court of Pennsylvania · 1855
  3. McDonald v. FalveyWisconsin Supreme Court · 1864
  4. Lansing v. McKillupNew York Supreme Court · 1823
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