Ennis v. Curry
New York Supreme Court
Appeal from an order made at Special Term, denying a motion to restrain the defendants during the pendency of this action, .from. taking any steps towards collecting a judgment, for costs, recovered by them in another action, brought against them by the plaintiff. ■ .. . .
1Opinion of the Court
Davis, P, J.:
This is an action to compel the set-off of a judgment recovered by the plaintiff against the defendant, Lawrence A. Curry,- o 10 1877, against a judgment recovered, by said defendant aga-msi. said plaintiff on -November 14, 1879. The latter judgment, was recovered wholly for costs awarded on the dismissal of' the complaint, in an action brought by the above-named plaintiff against the above-named defendant. The first judgment, with interest, is large enough to extinguish the .second. The defendant Curry is wholly insolvent. The motion is resisted by the respondents, Thomas and…
2Cases cited4 opinions
- Nicoll v. NicollCourt for the Trial of Impeachments and Correction of Errors · 1836
- Perry v. . ChesterNew York Court of Appeals · 1873
- Martin v. KanouseNew York Supreme Court · 1859
- Brown v. NiessNew York Court of Common Pleas · 1874