Pierce v. Tuttle
New York Supreme Court
The plaintiff recovered judgment in this court against the defendant on the 27th day of March, 1869, for $533.20 damages and $515.20 costs. The defendant appealed to the general term where the judgment was affirmed.
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The plaintiff recovered judgment in this court against the defendant on the 27th day of March, 1869, for $533.20 damages and $515.20 costs. The defendant appealed to the general term where the judgment was affirmed. From that judgment an appeal was taken to the court of appeals, and it was again affirmed and judgment, entered in favor of the plaintiff, for $164.49 costs, on the 10th day of May, 1871. Execution has been issued on this judgment and a levy made on the defendant’s property by virtue thereof. In another action by the same plaintiff against the same defendant the latter recovered…
1Opinion of the CourtMullin, P.J.
— It was held, in Terry agt. Roberts (15 How. Pr. R., 65), that an appeal from a judgment suspended the right to set it off, and that the proper remedy, in such case, was to stay the proceedings of the party to the judgment, against which the set-off was sought, until the determination of the appeal. James, J., in Hoag agt. Hoag (6 How. Pr. R., 201), ordered a set-off, in the event the judgment appealed from was affirmed. The case first cited was affirmed, on appeal to the general term, while the case last cited stands utterly alone. The superior court of N. Y.,in 2 Roberts, 670, held, in the…
2Cases cited1 opinion
- Hepburn v. HoagNew York Supreme Court · 1827
3Cited by3 opinions
- De Camp v. . ThomsonNew York Court of Appeals · 1899
- De Camp v. ThomsonNew York Supreme Court · 1898
- In re the Judicial Settlement of the Accounts of KlosterNew York Supreme Court · 1886