Board of Supervisors v. Bowen
New York Supreme Court
Appeal from an order of Hr. Justice Dwight, granted at the Monroe county Special Term in December, 1870. The defendant moved in the action at Special Term, upon affidavits, to set aside an execution issued upon a judgment recovered therein by the plaintiff, for moneys received by the defendant Bowen, as county treasurer of Orleans county, and deposited by him with the Bank of Medina.
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Appeal from an order of Hr. Justice Dwight, granted at the Monroe county Special Term in December, 1870. The defendant moved in the action at Special Term, upon affidavits, to set aside an execution issued upon a judgment recovered therein by the plaintiff, for moneys received by the defendant Bowen, as county treasurer of Orleans county, and deposited by him with the Bank of Medina. The action was against Bowen and his sureties, upon the usual county treasurer’s bond; and it appeared from the moving papers that, by reason of the failure of the Bank of Medina, Bowen had been unable to meet…
1Opinion of the Court
By the Court
Johnson, J.
This is an appeal from an order at Special Term, setting aside an execution issued by plaintiffs upon the judgment in the above entitled action, and prohibiting the plaintiffs from proceeding to enforce such judgment until the defendants shall have made default in paying the amount agreed upon between the parties by way of compromise and settlement of said judgment.
It cannot be doubted, we think, that the agreement between the parties to compromise and settle the judgment in ques*28tian, in view of what had been done under it, was a valid ami binding compromise and…
2Cases cited3 opinions
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- Multnomah County v. Title Guarantee Co.Oregon Supreme Court · 1905
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