Cook v. Dickerson
The Superior Court of New York City
Two separate appeals, from two several orders, were argued together: one was an appeal hy the plaintiff from an order, hearing date March 24,1853, denying a motion made hy him to set aside the judgment and execution being void, and fori irregularity. The other was by the sheriff, from an order directing him to proceed and sell the property, which he had levied upon by virtue of the said execution.
Read the full summary
Two separate appeals, from two several orders, were argued together: one was an appeal hy the plaintiff from an order, hearing date March 24,1853, denying a motion made hy him to set aside the judgment and execution being void, and fori irregularity. The other was by the sheriff, from an order directing him to proceed and sell the property, which he had levied upon by virtue of the said execution. This order bore date January 29, Í853. The action was for an alleged false imprisonment and malicious prosecution. The defendants answered separately hy different attorneys, and on the trial of the…
1Opinion of the CourtBy the Court. Bosworth, J.
The plaintiff insists that the papers attached together and filed, as constituting the judgment roll, were insufficient to make a legal and valid judgment roll, for the reason that it did not contain a copy of the minutes of the trial, or the verdict rendered in the action.
The-judgment itself recited that a verdict had been rendered ' in favor of both defendants. Prior to the making of this motion, a copy of the minutes of the trial had been inserted in the roll,informal in some of its parts, but showing a verdict in favor of the defendants, and that the court, on its being rendered, ordered…
2Cases cited3 opinions
- Clute v. CluteNew York Supreme Court · 1847
- Clark v. ClarkNew York Court of Chancery · 1839
- Burr v. BurrNew York Court of Chancery · 1843
3Cited by14 opinions
- Central Union Telephone Co. v. State ex rel. Board of CommissionersIndiana Supreme Court · 1887
- First National Bank v. RogersSupreme Court of Minnesota · 1868
- Robertson v. DavidsonSupreme Court of Minnesota · 1869
- Robinson v. . BrennanNew York Court of Appeals · 1882
- Burrall v. VanderbiltThe Superior Court of New York City · 1858
9 more not listed; retrieve them via the Exa API.