Plummer v. Plummer
New York Supreme Court
This was a motion made at Cortland special term in July 1852, by Moses Sousa and others, junior judgment creditors of "William H. Plummer, to set aside an older judgment confessed by Wm. H. Plummer to Sarah R. Plummer.
1Opinion of the Court
Mason, Justice.
The plaintiff in this suit has not complied with the requirements of § 383 of the Code, in entering his judgment. The object of this section was to prevent abuse and fraud in the confession of judgments. This section was adopted by the legislature precisely as reported by the code commissioners; and they state in "their report, that it is deemed expedient in order to prevent abuse, to require a statement of the true grounds and consideration of the judgment to be made and sworn to, and .to have this a part of the judgment roll, so that its purpose and intent can not be denied…
2Cited by1 opinion
- In re ElderDistrict Court, D. Nevada · 1870