Butler v. Lee
New York Court of Appeals
Appeal from an order of the general term of the superior court of the city of New York, affirming an order of the special term, in an action brought by the plaintiff, to compel an offset of judgments.
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Appeal from an order of the general term of the superior court of the city of New York, affirming an order of the special term, in an action brought by the plaintiff, to compel an offset of judgments. The case shows that George W. Niles, one of the defendants, recovered a judgment against the plaintiff’s intestate, Thomas Butler, May, 22, 1847, in the New York common pleas, for $141.84; that in September, 1864, Niles commenced supplemental proceedings on this judgment; that on the 26th of September, 1862, Niles commenced a creditor’s suit upon the same judgment, to reach certain property held…
1Opinion of the CourtMorgan, J.
It is regretted that so much confusion should be produced by the careless manner in which the case is made up on the appeal. It is possible that some material fact or circumstance has been overlooked, owing to the indiscriminate mass of material thrown together without any apparent regard to the order in which the events transpired. The case contains at least three copies of the original decree of Chief Justice Robertson, and .two attachments *258against Thomas Butler in Zicee verba, with the affidavits on which they are procured. These attachments were procured in supplemental proceedings upon a…
2Cases cited1 opinion
- Lynch v. Rome Gas Light Co.New York Supreme Court · 1864
3Cited by1 opinion
- Weaver v. . BardenNew York Court of Appeals · 1872