Kendall v. Hodgins
The Superior Court of New York City
Appeal from an order setting aside a judgment and execution. This action came before the court at general term, on an appeal by the plaintiff from an order made by Mr. Justice Wood-ruff, on the 8th of July, 1858, vacating a judgment entered in favor of the plaintiff against the defendant, under sections 382 and 883 of the Code.
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Appeal from an order setting aside a judgment and execution. This action came before the court at general term, on an appeal by the plaintiff from an order made by Mr. Justice Wood-ruff, on the 8th of July, 1858, vacating a judgment entered in favor of the plaintiff against the defendant, under sections 382 and 883 of the Code. The order was made on the application .of H. F. Pohlman, a bona fide purchaser, from said defendant, of lands on which such judgment was an apparent lien, and which lands the plaintiff had caused to be advertised to be sold under an execution issued on such judgment.…
1Opinion of the Court
By the Court*—Bosworth, Ch. J.
—The statement on which the judgment was entered is insufficient. (Chappel a. Chappel, 2 Kern., 215.)
H. F. Pohlman, who moved to vacate it, is a bona fide purchaser of premises on which it is an apparent lien, and which *312the plaintiff had caused to be advertised to be sold under an execution issued on such judgment.
The effect of an insufficient statement, or who may move to vacate a judgment entered on a statement which does not authorize such entry, the Code has not declared. (Code, §§ 382, 383, 384.)
In Dunham v.Waterman (6 Abbotts' Pr. R., 357,366), Selden, J.,…
2Cases cited9 opinions
- James v. MoreyCourt for the Trial of Impeachments and Correction of Errors · 1823
- Governeur v. LynchNew York Court of Chancery · 1830
- Swan v. Saddlemire & WoodNew York Supreme Court · 1832
- Jackson ex dem. Peek v. PeekNew York Supreme Court · 1830
- Jackson v. GarnseyNew York Supreme Court · 1819
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3Cited by3 opinions
- Easton National Bank v. Buffalo Chemical WorksNew York Supreme Court · 1888
- Hackney v. WollastonSupreme Court of Minnesota · 1898
- Thompson v. Van VechtenThe Superior Court of New York City · 1860