Mayor v. Brady
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action by the mayor, etc., of the city of Yew York against John Brady and others, to set aside certain judgments. Defendants’ demurrer to the complaint was sustained, and the injunction therefore granted was vacated, and plaintiff appeals.
1Opinion of the CourtSedgwick, C. J.
The complaint seeks to set aside judgments at law in several actions that have been tried, and to interpose the defense of fraud in those actions. The plaintiff’s right, as claimed for this relief, is placed upon those allegations of the complaint that relate to the plaintiff’s claim that the fraud was discovered since the judgments, from evidence also since then discovered. I do not examine whether the defense, if interposed and sufficiently proved, would result in a verdict for plaintiff, and do examine the complaint to ascertain whether it shows that such a defense would be sustained by…
2Cases cited5 opinions
- Simson v. HartCourt for the Trial of Impeachments and Correction of Errors · 1816
- Livingston v. HubbsNew York Court of Chancery · 1817
- Wiser v. BlachlyNew York Court of Chancery · 1817
- Dodge v. StrongNew York Court of Chancery · 1816
- Graham v. StaggNew York Court of Chancery · 1831