Martin v. Mayor of New York
New York Court of Common Pleas
In these cases the plaintiffs, after a regular trial, obtained judgments against the defendants in the marine court of the city of New York. The comptroller of the city of New York, under the act of 1859, (Laws of 1859, p. 1127,) caused a motion to be made in the court of common pleas to open the judgments, on affidavits alleging fraud in obtaining them.
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In these cases the plaintiffs, after a regular trial, obtained judgments against the defendants in the marine court of the city of New York. The comptroller of the city of New York, under the act of 1859, (Laws of 1859, p. 1127,) caused a motion to be made in the court of common pleas to open the judgments, on affidavits alleging fraud in obtaining them. A transcript of the judgments had, previous to said motion, been filed in the office of the clerk of the court of common pleas. The motion was denied on the ground that the court had no power to open judgments of the marine court on motion. A…
1Opinion of the CourtMaynard, J.
The motion made in these cases, is to vacate the several judgments rendered in favor of the plaintiffs, on the ground of collusion or fraud, or for certain irregularities alleged to exist, by the defendants. It is admitted that these judgments were rendered by this court, after a regular and fair trial, at which both parties were represented. It has been repeatedly decided by the court of common pleas, that this court cannot open judgments rendered by it, unless the same were obtained by default. But it is urged, on the part of the defendants, that the fifth section of the tax levy act, gives…
2Cases cited6 opinions
- Corning v. GouldNew York Supreme Court · 1837
- Floyd v. JayneNew York Court of Chancery · 1822
- Baker v. Judges of Ulster Common PleasNew York Supreme Court · 1809
- Sholts v. Judges of YatesNew York Supreme Court · 1824
- Livingston v. HubbsNew York Court of Chancery · 1817
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3Cited by6 opinions
- People ex rel. Thomson v. Board of SupervisorsNew York Supreme Court · 1861
- Ray v. HarrisonSupreme Court of Oklahoma · 1912
- United States v. LengDistrict Court, S.D. New York · 1883
- Ducheneau v. IrelandUtah Supreme Court · 1886
- Baker R. & L. Co. v. BuelAppellate Division of the Supreme Court of the State of New York · 1919
1 more not listed; retrieve them via the Exa API.