United States Fidelity & Guaranty Co. v. Shickler
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, George H. Shickler and others, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 3d day of June, 1921, denying defendants’ motion to vacate and set aside the judgment by confession in favor of the plaintiff. The judgment was entered upon a statement verified by one of the plaintiff’s attorneys and pursuant to a power of attorney contained in an indemnity bond.
1Opinion of the Court
Hubbs, J.:
Section 1273 of the Code of Civil Procedure prescribes that “ a judgment by confession may be entered, without action, * * * as prescribed in this article.” Section 1274 reads: “ A written statement must be made, and signed by the defendant, to the following effect.” Then follow the provisions as to what the statement must contain. The section then reads: " The statement must be verified by the oath of the defendant, to the effect, that the matters of fact therein set forth are true.” Section 1275 provides: “ At any time within three years after the statement is verified, it may be…
2Cases cited2 opinions
- Teel v. . YostNew York Court of Appeals · 1891
- Allen v. SmillieNew York Supreme Court · 1855
3Cited by4 opinions
- P. A. Starck Piano Co. v. O'KeefeAppellate Division of the Supreme Court of the State of New York · 1925
- Baldwin Building & Loan Ass'n v. KleinNew York Supreme Court · 1930
- Shenson v. I. Shainin & Co.Appellate Division of the Supreme Court of the State of New York · 1935
- Merit Acceptance Corp. v. GreenCity of New York Municipal Court · 1958