Mosher v. Heydrick
New York Supreme Court
MOTION by judgment creditors of the defendant Heydrick to vacate a judgment entered on confession, on the ground of irregularity.
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MOTION by judgment creditors of the defendant Heydrick to vacate a judgment entered on confession, on the ground of irregularity. The error's alleged were: 1. That there] was no signature to the statement of indebtedness. 2. That -the statement was not duly verified by the oath of the defendant, he merely swearing, in the affidavit, “ that the facts stated in the above confession are true.” 3. That the verification was not made before an officer of competent jurisdiction ; the affidavit being made before a notary public, who did not state his place of residence. The venue was .laid in the…
1Opinion of the Court
Lott, ¿T.
After a careful examination and consideration of the argument presented in the able and elaborate brief of the counsel for the applicant, and urged on the hearing of the motion, I am unable to sustain him in any of the grounds on 'which he asks to set aside the judgment of Mosher for irregularity. The first assigned is that the statement was not signed by the defendant. This objection is *551decided against him in the cases of Post v. Coleman, (9 How. Pr. R. 64,) and Purdy v. Upton, (10 id. 494,) and I see no reason for departing from those decisions. The case of Hathaway, v. Scott, (11…
2Cases cited1 opinion
- Hathaway v. ScottNew York Court of Chancery · 1844
3Cited by6 opinions
- Ormsby v. OttmanCourt of Appeals for the Eighth Circuit · 1898
- State v. HenningSouth Dakota Supreme Court · 1893
- Young v. YoungSupreme Court of Minnesota · 1871
- Kincaid v. GriffithMissouri Court of Appeals · 1896
- National Acc. Soc. v. SpiroCourt of Appeals for the Second Circuit · 1899
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