Gould v. Ray
New York Supreme Court
Error from the Monroe common pleas. J. and S. P. Gould declared in the court below against Sally Ray, executrix, for the plaintiffs in error.
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Error from the Monroe common pleas. J. and S. P. Gould declared in the court below against Sally Ray, executrix, for the plaintiffs in error. The replication that the judgment was voluntarily confessed after the commencement of tips suit, was a perfect answer to the plea of the defendant, Pinney v. Johnson’s Administrators, 8 Wendell, 500 • and not being denied by the rejoinder, the fact was admitted. 8 Cowen, 653. If the voluntary confession of the judgment since the commencement of the suit of the -plaintiffs is not admitted by the pleadings, then the court erred in refusing to receive the…
1Opinion of the Court
By the Court,
Savage,Ch. J.
The court was right in rejecting the testimony offered; not,however,because it was irrelevant and immaterial, but because the facts offered to be shown were admitted upon the record. The facts were already before the court, by the admission of the defendant; and instead of being irrelevant and immaterial, were decisive of the right of the parties, had they been so pleaded as to have called for a distinct issue upon them. The case of Pinney v. Adm'rs of Johnson, 8 Wendell, 500, is exactly in point,and decides that a judgment so confessed cannot be pleaded to an action…
2Cases cited1 opinion
- Pinney v. Administrators of JohnsonNew York Supreme Court · 1832
3Cited by6 opinions
- Schmittler v. . SimonNew York Court of Appeals · 1886
- United States v. JacobySuperior Court of Delaware · 1905
- Smith v. WagnerNew York Supreme Court · 1919
- Niblo v. Post's administratorsNew York Supreme Court · 1840
- Jordan v. GillenSupreme Court of New Hampshire · 1860
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