Steward v. Katcher

This is an action to set aside and cancel of record three separate confessions of judgment on the ground that the confessions and the judgments entered thereon were procured by defendants’ fraud. Plaintiffs moved for judgment on the pleadings, asserting that defendant Katcher’s answer made the jurisdictionally fatal admission that the confessions were filed in a county other than the one specified in section 543 of the Civil Practice Act; and they appeal from the order of Special Term denying their motion.

This appeal poses the question as to whether a judgment entered upon a confession of…