Starr v. Schuyler
New York Supreme Court
moved to set aside the execution, which had been issued in this cause, on a judgment, entered by warrant of attorney on a bond, which , . .. . . the defendant, m his affidavit, alleged to have been given for a usurious consideration. read the affidavit of the plaintiff, explaining the transactions between the parties, but which did not expressly deny the allegation of usury.
1Opinion of the Court
Per Curiam,
Take your rule, that all the proceedings pnder the judgment, he stayed, until the further order of the court; and that a feigned i'ssue be awarded, and brought to trial at the next circuit to be held in the county df Albany or Rensselaer, "at the election of the plaintiff, tp try the allegation of usury, as to the bond on which the judgment has been entered ;' and that the feigned issue be prepared by the counsel for the defendant, and submitted to the plaintiff within twenty days ; and if the counsel for both parties cannot agree in settling the issue, either party may apply to a…
2Cited by2 opinions
- Day v. CummingsSupreme Court of Vermont · 1847
- Bell v. FergusSupreme Court of Arkansas · 1892