Wild v. Porter
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Luzerne A. Wild, as executor of the last will and testament of Allen Wild, deceased, from -a judgment of the Supreme Court in favor of the defendant, entered in the office of' the clerk of the county of Delaware on the 28th day of May, 1900,. 'upon a nonsuit granted by the court after a trial at the Delaware Trial Term, and also from an order entered in said clerk’s office ón. the 7th day of July, 1900, denying the plaintiff’s motion for a new-trial…
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Appeal by the plaintiff, Luzerne A. Wild, as executor of the last will and testament of Allen Wild, deceased, from -a judgment of the Supreme Court in favor of the defendant, entered in the office of' the clerk of the county of Delaware on the 28th day of May, 1900,. 'upon a nonsuit granted by the court after a trial at the Delaware Trial Term, and also from an order entered in said clerk’s office ón. the 7th day of July, 1900, denying the plaintiff’s motion for a new-trial made upon the minutes. This action was brought to recover the possession of fifteen cows, and a mowing machine, or the…
1Opinion of the Court
Edwards, J.:
This action has been twice tried and is here for the second time on appeal. On the first trial the court held that the judgment by confession was void, and directed a verdict for the plaintiff for the value of the property as assessed by the jury. This court, on appeal, reversed the judgment for the plaintiff and granted a new *352trial, holding that the judgment by confession was valid. ( Wild v. Porter, 22 App. Div. 179.) That decision as to the sufficiency of the judgment by confession must be regarded as conclusive on this appeal.
As against this judgment creditor, the chattel…
2Cases cited2 opinions
- Candee v. . LordNew York Court of Appeals · 1849
- Wild v. PorterAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by3 opinions
- In Re MerzCourt of Appeals for the Second Circuit · 1930
- Cornelius v. C. C. Pictures, Inc.Court of Appeals for the Second Circuit · 1925
- Degener v. BoydCourt of Appeals for the Second Circuit · 1930