First National Bank of Brooklyn v. Wallis
Supreme Court of New Jersey
On demurrer to plea. The declaration contained a count upon a judgment recovered by plaintiff in the Supreme Court of the State of New York.
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On demurrer to plea. The declaration contained a count upon a judgment recovered by plaintiff in the Supreme Court of the State of New York. To this count, defendants, among others, filed the following plea: “And for a further plea in this behalf by leave of the court here for that purpose first had and obtained, according to the form of the statute in such case made and provided, as to the first count in said declaration mentioned, these defendants say that the said plaintiff ought not to have or maintain its aforesaid action thereof against them, because they say that at the time of the…
1Opinion of the Court
The opinion of the court was delivered by
Magie, J.
If the matters set up in the plea demurred to availed as a defence against the notes whereon the judgment now sued on was recovered, it is obvious that they could have been interposed as a defence in that action. That fact is decisive of the question raised by this demurrer. For nothing is better settled than that the validity of judgments cannot be impeached for any supposed defect or irregularity in the ■transaction on which they were founded, and therefore no •defence can be interposed to an action on a judgment upon *48matters existing before…
2Cases cited6 opinions
- Dimock v. Revere Copper Co.Supreme Court of the United States · 1886
- Pringle v. . WoolworthNew York Court of Appeals · 1882
- Biddle v. WilkinsSupreme Court of the United States · 1828
- Weir v. VailCalifornia Supreme Court · 1884
- Lawrence Savings Bank v. StevensSupreme Court of Iowa · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Second National Bank of Phila. v. ThompsonNew Jersey Court of Chancery · 1947
- Hazel v. JacobsSupreme Court of New Jersey · 1910