Frasier v. Frasier
New York Supreme Court
I. H. TIFFANY, in behalf of a creditor, movedlo set aside ^ iu¿¡n.ment which had been entered up in this cause, by war-u o *■ * rant of attorney, on the ground of fraud. It appeared that the plaintiff, who ivas the son of the defendant, was an infant when the bond and warrant of attorney were given to him, and had always ]ive¿ on the farm with his father; and that an execution had been issued on the judgment, and the farm advertised for sale.
1Per curiam
We have an equitable jurisdiction over ludements entered up by confession on bonds and warrants of attorney, The proper course is to direct an issue to try the charge of fraud, Let an issue, therefore, be made up between the parties, under the direction of one of the justices of this court, in such manner that the plaintiff be bound, on the trial of the issue, to set forth and prove the matters and consideration for which the bond was given j ¿efen¿{ant - and that the issue be tried at the next Scoharie circuit; and that T. G, the creditor, in whose behalf the application is made, be…
2Cited by6 opinions
- Lake v. CookIllinois Supreme Court · 1854
- Averill v. LoucksNew York Supreme Court · 1849
- Rogers v. CherrierWisconsin Supreme Court · 1889
- Utter v. McLeanNew York Supreme Court · 1889
- National Park Bank v. SalomonNew York Supreme Court · 1889
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