Bartlett v. . Spicer
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of defendant, entered upon a decision of the .court on trial, without a jury. (Koported below, 12 Hun, 398.) The nature of the action and the facts are set forth sufficiently in the opinion. Defendant is estopped by the recital of the judgment, execution and levy in the stipulation from denying their validity.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of defendant, entered upon a decision of the .court on trial, without a jury. (Koported below, 12 Hun, 398.) The nature of the action and the facts are set forth sufficiently in the opinion. Defendant is estopped by the recital of the judgment, execution and levy in the stipulation from denying their validity. (Farman v. Auld, 44 N. Y., 55; Reed v. McCourt, 41 id., 435; Haggart v. Morgan, 5 id., 422; Dyckman v. The Mayor, 5 id., 440-441; Cutler v. Dickinson, 8 Pick.,…
1Opinion of the Court
Church, Ch. J.
This action is brought upon a stipulation entered into in a proceeding in admiralty instituted by the majority owners of the bark Maggie McNeil, to obtain possession of the vessel for the purpose of prosecuting a particular voyage. The minority interest was owned by one McNeil, and the same had been levied upon by virtue of an execution issued upon a judgment for upwards of $25,000, for a tort, alleged to have been committed in New Orleans, rendered by default without personal service of the summons or appearance by the defendant who was a non resident and was not within the…
2Cases cited6 opinions
- The PalmyraSupreme Court of the United States · 1827
- Steamboat Co. v. ChaseSupreme Court of the United States · 1873
- Dougan v. . Champlain Transportation Co.New York Court of Appeals · 1873
- Schwinger v. . HickokNew York Court of Appeals · 1873
- Baird v. . DalyNew York Court of Appeals · 1874
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3Cited by9 opinions
- Nilsa B.B. v. BlackwellAppellate Division of the Supreme Court of the State of New York · 1981
- Lutcher v. AllenCourt of Appeals of Texas · 1906
- Braithwaite v. JordanNorth Dakota Supreme Court · 1895
- Mitchell v. ChambersMichigan Supreme Court · 1880
- Backus v. KimballNew York Supreme Court · 1891
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