De Nobele v. Lee
The Superior Court of New York City
Appeal from order denying defendants’ motion to have the allegations contained in the first paragraph of the complaint made more definite and certain.
1Opinion of the CourtFreedman, J.
Whether section 161 of the Code applies to foreign judgments or judgments of any other state, has been doubted (Hollister agt. Hollister, 10 How., 532; McLaughlin agt. Nichols, 13 Abb., 244); and as section 533 of the Code *273of Civil Procedure is simply a re-enactment of section 161 of the preceding Code, the doubt equally attaches to that. I do not deem it necessary, however, to decide the question, as there are other considerations for which the motion should have prevailed to some extent, at least. The plaintiffs’ cause of action is not on a foreign judgment against the defendants. The…
2Cited by1 opinion
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