Marquat v. Mulvy
New York Supreme Court
Before Brown, Rockwell and Dean, Justices.—This was an appeal from an order of Justice Barculo, refusing to set aside a judgment docketed after the parties had settled. Marquat, in 1851, sued Mulvy in justices’ court and obtained judgment for $48.05 : Mulvy appealed to the county court.
Read the full summary
Before Brown, Rockwell and Dean, Justices.—This was an appeal from an order of Justice Barculo, refusing to set aside a judgment docketed after the parties had settled. Marquat, in 1851, sued Mulvy in justices’ court and obtained judgment for $48.05 : Mulvy appealed to the county court. Prior to the decision in that court, Marquat, on proceedings supplemental to execution, collected of Mulvy the above judgment with costs, amounting to $74.94. The county court reversed the justices’ judgment with costs, and ordered restitution. On this reversal a judgment was entered in that court for $99.56.…
1Opinion of the Court
By the court, Dean, Justice.
An objection was taken on the argument, that as the notice of the plaintiff’s attorney was to set aside the judgment for “ irregularity,” that it was not appealable. The notice did not stop with setting aside the judgment for irregularity, but adds, “in this, to wit: in entering up judgment and filing a record thereof subsequent to a full and complete settlement,” &c. This clearly is not merely an irregularity, although the plaintiff’s attorney has called it such. I think the order an appealable one, and that the.motion should now be decided on the merits.
Mulvy in…
2Cited by2 opinions
- National Exhibition Co. v. CraneNew York Court of Appeals · 1901
- Decker v. KitchenNew York Supreme Court · 1880