Faughnan v. City of Elizabeth
Supreme Court of New Jersey
On rule to show cause why a satisfaction of a judgment should not be vacated. The judgment was recovered by Thomas Faughnan against the city of Elizabeth, January 8th, 1882. On December 21st, 1891, Thorndike D. Hodges, the attorney of record of Faughnan, executed a warrant of attorney to' the clerk, requiring him to enter satisfaction of the judgment, which the clerk did on January 18th, 1892, pursuant to section 24 of the “Act concerning judgments.”
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On rule to show cause why a satisfaction of a judgment should not be vacated. The judgment was recovered by Thomas Faughnan against the city of Elizabeth, January 8th, 1882. On December 21st, 1891, Thorndike D. Hodges, the attorney of record of Faughnan, executed a warrant of attorney to' the clerk, requiring him to enter satisfaction of the judgment, which the clerk did on January 18th, 1892, pursuant to section 24 of the “Act concerning judgments.” Gen. Stat, p. 1844. It appears by affidavits taken under the rule that Hodges delivered the warrant of attorney to satisfy the judgment to the…
1Opinion of the Court
The opinion of the court was delivered by
Magie, J.
A satisfaction of a judgment obtained by fraud or given by mistake, will be vacated. Keogh v. Delany, 11 Vroom 97; Ackerman v. Ackerman, 15 Id. 173; Harrison v. Maxwell, Id. 316.
The contention in this case is that the satisfaction should be vacated because the attorney had no power to execute the warrant by virtue of which the satisfaction was entered.
*311When a defendant has not been misled by the attorney’s apparent power, and no rights of third parties are affected, I see no reason why a satisfaction should not be vacated if wrong has been done…
2Cases cited2 opinions
- Jackson ex dem. M'Crea v. BartlettNew York Supreme Court · 1811
- Beers v. . HendricksonNew York Court of Appeals · 1871
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- Cline v. KurzweilNew Jersey Court of Chancery · 1948
- Business Service Collections Bureau v. YegenNorth Dakota Supreme Court · 1936
- Robino v. SantanelloNew Jersey Superior Court Appellate Division · 1955
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