Cook v. Dickerson
The Superior Court of New York City
Dickerson recovered a judgment against Cook by confession, •and execution was issued and levied. Thereupon this complaint was filed to set aside the judgment and execution, on the ground of fraud, in this, that there was an agreement by D. that if C. would confess the judgment he, D., would cancel a certain mortgage held by him, and deliver up certain other securities to Geok.
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Dickerson recovered a judgment against Cook by confession, •and execution was issued and levied. Thereupon this complaint was filed to set aside the judgment and execution, on the ground of fraud, in this, that there was an agreement by D. that if C. would confess the judgment he, D., would cancel a certain mortgage held by him, and deliver up certain other securities to Geok. The complaint prayed for an injunction, application for which was made ex parte to one of the justices at chambers, and it was allowed by him, on the execution of a security by Cook in the form of an undertaking, as…
1Opinion of the Court
By the Court.
The first question is whether the injunction was regular under the circumstances, and we are of opinion that it was not regularly granted, and the order setting it aside must be affirmed. The only security taken was under section 232 of the code; and the undertaking there provided, applies only where there is no provision by statute for other security.
The revised statutes, (2 R. S. 189, 190, § 141 to 149,) require, that before the issuing of an injunction to stay proceedings in a personal action after judgment, a deposit shall be made of the amount of the judgment, and a bond…
2Cited by2 opinions
- Carpenter v. KeatingNew York Court of Common Pleas · 1870
- Gray v. RedfieldNew York Court of Common Pleas · 1871