Thomas v. Tanner
New York Supreme Court
Motion lo set aside judgment for irregularity. The action was brought to compel the defendant to convey to the plaintiff certain real estate, and for other purposes. It was tried at the Columbia circuit, in January, 1856, before Mr. Justice Gould, without a jury. On the 21st of March following, the.judge delivered his opinion in writing, stating, in géneral terms, the principles upon which he should decide the cause.
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Motion lo set aside judgment for irregularity. The action was brought to compel the defendant to convey to the plaintiff certain real estate, and for other purposes. It was tried at the Columbia circuit, in January, 1856, before Mr. Justice Gould, without a jury. On the 21st of March following, the.judge delivered his opinion in writing, stating, in géneral terms, the principles upon which he should decide the cause. A copy of this opinion was served upon the defendant’s counsel on the 1st of April. ■ It appears, from a copy of the judgment-roll filed with the clerk of Columbia, which was…
1Opinion of the Court
Harris, Justice.
Every judgment-record, or, as it has been denominated in the Code, judgment-roll, should contain the evidence within itself that the court had authority to render judgment, and that a judgment has, in fact, been rendered by the court. If it be a judgment upon default, besides the summons and complaint, the roll must contain evidence that the summons was served, and that no answer had been received, thus showing that the court, had jurisdiction over the defendant, and that he had waived his right to defend. If the defendant has appeared, and an issue has been joined, it must…
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- Weyman v. National Broadway BankThe Superior Court of New York City · 1880
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