Sage v. Mosher
New York Supreme Court
Motion to set aside decree and for leave to file a supplemental complaint. The plaintiffs filed their bill of complaint,, setting up the recovery of five separate judgments in favor of five separate plaintiffs, with executions duly returned thereon respectively unsatisfied, and sought to set aside a certain fraudulent conveyance, by the judgment debtor to his son, of certain real estate, and also to reach the other equitable property of the judgment debtor.
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Motion to set aside decree and for leave to file a supplemental complaint. The plaintiffs filed their bill of complaint,, setting up the recovery of five separate judgments in favor of five separate plaintiffs, with executions duly returned thereon respectively unsatisfied, and sought to set aside a certain fraudulent conveyance, by the judgment debtor to his son, of certain real estate, and also to reach the other equitable property of the judgment debtor. The answer put in issue the allegations of the complaint, and the cause was referred to a referee for trial. On the trial, the plaintiff…
1Opinion of the Court
By the court—E. Darwin Smith, Justice.
The first question presented upon this motion is one of regularity—has the complaint been duly dismissed ? The notice of trial served on the 19th of October, I think, was regular. The plaintiffs’ attorney received a notice of trial duly served and in due form, for the 9th of November. It is true that he wrote to the referee, and he wrote him in reply, that he had not appointed the trial for the 9th of November, and could not attend to it on that day. If the referee had appointed the time, he had doubtless done it orally, and had probably forgotten it, as…
2Cases cited2 opinions
- Pendleton v. FayNew York Court of Chancery · 1831
- M'Inroy v. BenedictNew York Supreme Court · 1814
3Cited by6 opinions
- Union Bank v. MottNew York Supreme Court · 1860
- Grady v. BramletCalifornia Supreme Court · 1881
- Jackson v. RosenbrockAppellate Division of the Supreme Court of the State of New York · 1911
- Julio v. Equitable Life Assurance SocietyCity of New York Municipal Court · 1886
- Latham v. RichardsNew York Supreme Court · 1878
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