Dutton v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Stephen A. Dutton, from a judgment of the Supreme Court in favor of the defendants, entered in the ofBce of the clerk of the county of Kings on the 3d day of March, 1897, upon the decision of the court rendered after a trial at the Kings County Special Term.
1Opinion of the Court
Goodrich, P. J.:
This action is brought to set aside a judgment entered in an action in the Supreme Court, on November 9,1893, in favor of the defendant Smith against the plaintiff, on the ground that there was fraud and collusion, and that the summons therein was never served on Dutton, and also to cancel the docket thereof and supplementary proceedings issued thereon, and to restrain the defendant Smith from collecting the judgment.
The answer denied the equities of the complaint, and set up that a motion had been made to set aside the judgment on grounds similar to those alleged in the…
2Cases cited3 opinions
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Aldridge v. . AldridgeNew York Court of Appeals · 1890
- Dutton v. SmithAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Hertzberg v. ElvidgeNew York Supreme Court · 1913