Meyer v. Lent
New York Court of Appeals
Appeal from an order affirming an order that a judgment be satisfied of record. The action was brought in the Supreme Court in the first judicial district.
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Appeal from an order affirming an order that a judgment be satisfied of record. The action was brought in the Supreme Court in the first judicial district. The facts of the case were, briefly, as follows: Prior to April, 1851, the defendant Lent made a contract with one James E. Shaw, the owner by record title of four lots of ground in Thirty-second-street, New York, and also four lots in Thirty-first-street, by which, after houses of specified description should be ■ erected upon said lots by Lent, Shaw was to convey the. lots to Lent, and Lent was to execute to Shaw mortgages on the same,…
1Opinion of the Court
By the Court.—Denio, J.
—The question upon this appeal is, whether a judge, before whom a motion is heard at a special term, can direct the responding party to appear before him and be examined orally touching the matters of fact involved in the controversy; and upon his refusing to submit to such examination, can determine the matter against him, as upon the confessions of the allegations presented by the party making the motion.
I am unable to find authority for this in the provisions of the Code of Procedure, or in the practice of the court as it exists, independently of the Code. If the…
2Cited by2 opinions
- Van Etten v. HasbrouckNew York Supreme Court · 1886
- Ward v. WardNew York Supreme Court · 1868