Martin v. Mayor of New York
New York Court of Common Pleas
Proceedings to open four several judgments recovered against the defendants by George Martin, Oliver Valentine, H. F. Gilmore, and Samuel FTusam, respectively. These actions were all originally commenced in the Marine Court, and the judgments were there obtained. Transcripts were then filed in the county clerk’s office, and executions thereon issued, as out of the Court of Common Pleas.
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Proceedings to open four several judgments recovered against the defendants by George Martin, Oliver Valentine, H. F. Gilmore, and Samuel FTusam, respectively. These actions were all originally commenced in the Marine Court, and the judgments were there obtained. Transcripts were then filed in the county clerk’s office, and executions thereon issued, as out of the Court of Common Pleas. I. Motion in the Common Pleas, by the comptroller, under Laws of 1859, chapter 489, section 5, to vacate the judgment of each of the above plaintiffs against the defendants. Wm. Cwrtis Noyes, for the motion,…
1Opinion of the Court
By the Court.—Maynard, J.
The motion made in these cases, is to vacate the several judgments rendered in favor of the plaintiffs on the ground of collusion or fraud, or for certain irregularities alleged to exist by the defendants. It is admitted that these judgments were rendered by this court, after a regular and fair trial, at which both parties were represented. It has been repeatedly decided by the Court of Common Pleas, that this court cannot open judgments rendered by it, unless the same were obtained by default. But it is urged on the part of the defendants, that the fifth section of…
2Cases cited8 opinions
- Floyd v. JayneNew York Court of Chancery · 1822
- Baker v. Judges of Ulster Common PleasNew York Supreme Court · 1809
- Briggs v. ThompsonNew York Supreme Court · 1822
- Sholts v. Judges of YatesNew York Supreme Court · 1824
- Livingston v. HubbsNew York Court of Chancery · 1817
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3Cited by5 opinions
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- Daniels v. Southard, New York County Courts1898
- Itzenplitz v. ChassinNew York County Court, Erie County · 1924
- Ticknor v. KennedyNew York Court of Common Pleas · 1868