Stewart v. Walters
Supreme Court of New Jersey
On motion in behalf of Phineas K. Apgar and others, creditors in attachment of the defendants, to vacate the rule entering the judgment in the above cause, and to set aside the judgment of this court.
1Opinion of the Court
The opinion of the court was delivered by
Scudder, J.
The plaintiff, Robert I. Stewart, brought an action in this court to recover the amount of a promissory note and interest. On the day that this writ was returned, the plaintiff sued out a writ of attachment in the Morris County Circuit Court for the same debt. In this court the declaration was filed in due time, August 17th, 1874. No *275plea was filed, and judgment by default was not entered. April 1st, 1875, a cognovit was given. May 18th, 1875, this cognovit was filed in the clerk’s office, and a rule for judgment final entered in favor of…
2Cases cited1 opinion
- Hogeboom v. GenetNew York Supreme Court · 1810