Legal Opinion
Ford v. Whitridge
New York Court of Common Pleas
Decided December 15, 1859PublishedCited by 5 opinions
Appeal from an order setting aside an execution. The facts appear in the opinion.
1Opinion of the Court
By the Court.—Hilton, J.
The defendants were sued upon a joint liability, as owners of the steamer Potumski, the summons being served upon one only, who made default. Judgment was entered up in form against all. {0,ode, § 136.) •
Subsequently, upon the application of the defendant Hogg, who was not served with process, he was permitted to come in and defend, upon certain conditions, the judgment to stand as security ; and before his time for answering expired, the plaintiff issued execution upon the judgment.
A motion was then made to vacate the judgment entered as being irregular, and also to…
2Cases cited1 opinion
- Harrington v. HighamNew York Supreme Court · 1853
3Cited by5 opinions
- Wenham v. International Packing Co.Illinois Supreme Court · 1904
- Pomeroy v. Hocking Valley Railway Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Beers v. HendricksonThe Superior Court of New York City · 1868
- Negley v. Counting-Room Co.City of New York Municipal Court · 1885
- Pomeroy v. Hocking Valley Railway Co.Appellate Division of the Supreme Court of the State of New York · 1919