Baldwin v. Mayor
New York Court of Appeals
A motion was made at a Special Term of the Supreme Court, in the first district, to set aside the judgment of the plaintiffs herein, on the ground that it was obtained by collusion and was founded in fraud. On the 30th of November, 1864, that motion was granted ; on appeal, the order was affirmed at General Term in February, 1866, and the plaintiffs have appealed therefrom to this court.
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A motion was made at a Special Term of the Supreme Court, in the first district, to set aside the judgment of the plaintiffs herein, on the ground that it was obtained by collusion and was founded in fraud. On the 30th of November, 1864, that motion was granted ; on appeal, the order was affirmed at General Term in February, 1866, and the plaintiffs have appealed therefrom to this court. The judgment was recovered on the 13th of June, 1863, for $74,299.40, and was founded on the award made as hereinafter stated. The Croton aqueduct board, in the fall of 1858, advertised for bids for…
1Opinion of the CourtPeckham, J.
Preliminarily it is objected, that this motion cannot be made by any one, except by the counsel to the corporation; that another attorney cannot appear without a substitution; further, that no one but the counsel to the corporation could make the motion, as the statute of 1863 gave that exclusive right to him, and made it his peculiar duty; that the act of 1859, which allowed the comptroller to intervene and move to set aside a judgment that he had reason to believe was obtained by collusion or was founded in fraud, was unconstitutional; if not, that it was repealed by the act of 1863. (Laws…
2Cases cited5 opinions
- Wilkinson v. LelandSupreme Court of the United States · 1829
- Darlington v. . Mayor, C., of New YorkNew York Court of Appeals · 1865
- Brewster v. . City of SyracuseNew York Court of Appeals · 1859
- Judges of the Oneida Common Pleas v. People ex rel. SavageNew York Supreme Court · 1837
- Town of Guilford v. CornellNew York Supreme Court · 1854
3Cited by6 opinions
- Trenor v. JacksonThe Superior Court of New York City · 1874
- Ramsey v. GouldNew York Supreme Court · 1871
- In re Widening Hudson AvenueNew York Supreme Court · 1874
- McColl v. Sun Mutual Insurance Co.New York Court of Appeals · 1872
- People ex rel. Conway v. Board of SupervisorsNew York Supreme Court · 1876
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