Reading v. Reading
Supreme Court of New Jersey
A judgment was entered in the Hunterdon Common Pleas, in favor of John G. Reading against Sidney Reading, by confession on bond and warrant of attorney. The defendant afterwards applied to the court below to set aside the judgment for defects in the affidavit. The affidavit did not state that the debt was justly due and owing, but only that it was justly due.
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A judgment was entered in the Hunterdon Common Pleas, in favor of John G. Reading against Sidney Reading, by confession on bond and warrant of attorney. The defendant afterwards applied to the court below to set aside the judgment for defects in the affidavit. The affidavit did not state that the debt was justly due and owing, but only that it was justly due. Also it set forth that part of the consideration of the bond was a note of hand, given by defendant to John R. Holcomb, and endorsed by said J. R. Holcomb to the plaintiff, without stating the date or amount of the note, when it was…
1Opinion of the CourtOgden, J.
The writ in this case has removed before us an order, made by the court below on the 24th of January, 1853, as in the term of December, 1852, setting aside a judgment by confession, entered on the 10th of May, 1852, in favor of John *361G. Reading against Sidney Reading, upon a bond, in the penal sum of $1613.58, with warrant of attorney, and also the execution which had been issued thereon.
The judgment was vacated by that court for an alleged defect in the affidavit required to be produced to the judge, at the time of confessing the judgment, by the 5th section of the “ Act directing the mode of…
2Cases cited1 opinion
- Bernard v. BougardMichigan Court of Chancery · 1839