Knickerbacker v. Smith
New York Supreme Court
Appeal from an order denying a motion to set aside a confession of judgment.. The defendants, Edwin Smith and Charlotte A. Smith, confessed a judgment in favor of Abraham Knickerbacker, in August, 1858, for $1,000, and costs. The present appeal was taken by the defendant Charlotte from an order of Mr. Justice Beckham, made in November, 1862, refusing to set aside this-j udgment as irregular and void against the female defendant..
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Appeal from an order denying a motion to set aside a confession of judgment.. The defendants, Edwin Smith and Charlotte A. Smith, confessed a judgment in favor of Abraham Knickerbacker, in August, 1858, for $1,000, and costs. The present appeal was taken by the defendant Charlotte from an order of Mr. Justice Beckham, made in November, 1862, refusing to set aside this-j udgment as irregular and void against the female defendant.. The judgment was entered on the written confession of the parties defendant, authorizing the same in the form prescribed by the Code, and was declared to be “ for a…
1Opinion of the Court
By the Court.*—Hogeboom, J.
The judgment sought to be set aside is not, on its face, in any respect irregular, nor is it claimed to be so. There is nothing in the papers on which the judgment is entered to show that Charlotte A. Smith was a married woman, nor does the fact that she was so at the time of the confession of the judgment distinctly appear by the moving papers.
She now moves to set aside this judgment on two grounds. 1. Upon the ground that, at the time of entering the judgment and making confession thereof, she was a married woman and the wife of her co-defendant Edwin Smith. 2.…
2Cases cited8 opinions
- Yale v. . DedererNew York Court of Appeals · 1858
- Yale v. . DedererNew York Court of Appeals · 1860
- Yale v. DedererNew York Supreme Court · 1855
- Dickerman v. AbrahamsNew York Supreme Court · 1854
- Cobine v. St. JohnNew York Supreme Court · 1856
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