Daly v. Mathews
New York Supreme Court
Motion to set aside a judgment entered by confession on the ground of the insufficiency of the statement. The statement and confession were as follows: “ Judgment is hereby confessed in this cause for the sum of two hundred and thirty-three dollars and seventy cents, and I hereby authorize the plaintiff or his attorney to enter judgment for the above sum, together with costs of this suit, in the clerk’s office of the county of Saratoga, and in this court.
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Motion to set aside a judgment entered by confession on the ground of the insufficiency of the statement. The statement and confession were as follows: “ Judgment is hereby confessed in this cause for the sum of two hundred and thirty-three dollars and seventy cents, and I hereby authorize the plaintiff or his attorney to enter judgment for the above sum, together with costs of this suit, in the clerk’s office of the county of Saratoga, and in this court. This confession is made for a debt justly due the plaintiff herein from me, arising upon the following facts, viz: a promissory note made…
1Opinion of the Court
Bockes, Justice.
The motion is made by William Bennett, a subsequent mortgagee and purchaser on mortgage foreclosure, of the real estate on which the judgment is an apparent lien.
The statement was filed and judgment was docketed on the 30th August, 1854, for $233.70, with costs. Through the omission of the clerk, no indorsment of judgment was made on the statement, as required by section 384 of the Code of Proceedure.
This defect however, could now be supplied, and would be as matter of course, if the motion depended on that alone by the entry of an order directing the indorsement to be made…
2Cases cited25 opinions
- Moore v. IllinoisSupreme Court of the United States · 1852
- Pillow v. RobertsSupreme Court of the United States · 1852
- Howard v. IngersollSupreme Court of the United States · 1852
- Dunham v. . WatermanNew York Court of Appeals · 1858
- Wilson v. TroupCourt for the Trial of Impeachments and Correction of Errors · 1823
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3Cited by1 opinion
- Easton National Bank v. Buffalo Chemical WorksNew York Supreme Court · 1888