Legal Opinion

Baker v. Gilman

New York Supreme Court

Decided September 7, 1868PublishedCited by 14 opinions

APPEAL from a judgment entered upon the report of a referee. The action was brought by the plaintiff', as a judgment creditor of the defendant Gilman, to set aside a conveyance of real estate made by the latter to the defendant Thurston.

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APPEAL from a judgment entered upon the report of a referee. The action was brought by the plaintiff', as a judgment creditor of the defendant Gilman, to set aside a conveyance of real estate made by the latter to the defendant Thurston. The following facts were found by the referee, viz: That on or about the 26th day of July, 1862, two actions in the Supreme Court were commenced against the defendant Gilman, one by Gilbert Johnson, plaintiff, and the other by one Harriet C. Johnson, plaintiff; that the summons and complaint in each action were served on said Gilman on or about the day last…

1Opinion of the Court

By the Court, Johnson, J.

This case comes before us upon the report of the referee, merely, without the evidence taken before him. The plaintiff’s judgment was for services rendered by him, as attorney of the defendant Gilman, in defending two slander suits brought against the latter. The retainer was on the 4th of August, 1862, and the services ended at the • circuit in October, 1863, when the plaintiff’s complaint in each action was dismissed, and judgment ordered for the defendants therein for costs. The property which, the plaintiff seeks to reach and have subjected to his judgment, was…

2Cases cited2 opinions

  1. Carpenter v. . RoeNew York Court of Appeals · 1851
  2. King v. WilcoxNew York Court of Chancery · 1845

3Cited by14 opinions

  1. Lewis v. SimonTexas Supreme Court · 1889
  2. Quarles v. HardinTexas Commission of Appeals · 1923
  3. Hepworth v. Union Ferry Co.New York Supreme Court · 1891
  4. Kain v. LarkinAppellate Division of the Supreme Court of the State of New York · 1896
  5. In re the Estate of CampbellNew York Surrogate's Court · 1937

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