Colwell v. . Tinker
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 9, 1901, which affirmed an order of Special Term denying the prayer of the defendant to have canceled of record a judgment recovered against him by the plaintiff. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 9, 1901, which affirmed an order of Special Term denying the prayer of the defendant to have canceled of record a judgment recovered against him by the plaintiff. The facts, so far as material, are stated in the opinion. The order of the Appellate Division affirming the order of the Special Term refusing to cancel the judgment is appealable to this court as an order finally determining a special proceeding. (Const. of N. Y. art. 6, § 9; Code Civ. Pro. § 190, subd. 1; Peri v.…
1Opinion of the CourtBartlett, J.
The respondent recovered in the Supreme Court a judgment against the appellant on the ninth day of February, 1897, which was entered in the clerk’s office of the county of Hew York, for $50,653.98, damages and costs, in an action for criminal conversation with his wife. On the thirteenth day of September, 1899, the appellant was adjudicated a bankrupt on his own petition by the District Court of the United States for the southern district of New York. On the second day of February, 1890, the appellant was duly discharged.
Section 17 of the Bankruptcy Act reads in part as follows: “ A discharge…
2Cases cited1 opinion
- Cregin v. . Brooklyn Crosstown Railroad Co.New York Court of Appeals · 1878
3Cited by20 opinions
- American Guild of Musical Artists, Inc. v. PetrilloNew York Court of Appeals · 1941
- Oppenheim v. . KridelNew York Court of Appeals · 1923
- Ramsey v. StateSupreme Court of Florida · 1934
- McChristal v. ClisbeeMassachusetts Supreme Judicial Court · 1906
- Kavanaugh v. McIntyreAppellate Division of the Supreme Court of the State of New York · 1908
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