Patrick v. . Shaffer
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of N ew York, entered upon an order made January 3, 1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and denied a motion for a new trial. The nature of the action and the material facts are stated in the opinion. A demand or claim having passed into judgment cannot again be brought into litigation between the parties in proceedings at law.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of N ew York, entered upon an order made January 3, 1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and denied a motion for a new trial. The nature of the action and the material facts are stated in the opinion. A demand or claim having passed into judgment cannot again be brought into litigation between the parties in proceedings at law. (Cromwell v. County of Sac, 94 U. S. 353; The Packet Co. v. Sickels, 5 Wall. 592.) A claim which has been set up by way of…
1Opinion of the CourtMiller, J.
This action was brought to recover the amount of a judgment obtained by the plaintiff against the defendant, in a court of general jurisdiction in the State of Nebraska.
The answer of the defendant admitted the recovery of the judgment, and that no part thereof had been paid, and set up as a defense a counter-claim, in which he alleged that he had paid $12,500 to the use of the plaintiff, to be repaid upon demand, and that he had demanded payment and that no part thereof had been paid. The plaintiff served a reply, in which he set up an extract from the defendant’s answer in the Nebraska suit,…
2Cases cited5 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Jordan v. . Van EppsNew York Court of Appeals · 1881
- Harris v. HarrisNew York Supreme Court · 1861
- Kerr v. . HaysNew York Court of Appeals · 1866
- Wilder v. CaseNew York Supreme Court · 1837
3Cited by13 opinions
- Pace v. PerkAppellate Division of the Supreme Court of the State of New York · 1981
- Kelleher v. LozziSupreme Court of New Jersey · 1951
- Earle v. . EarleNew York Court of Appeals · 1903
- Groton Bridge & Mfg. Co. v. Clark Pressed Brick Co.Court of Appeals for the Eighth Circuit · 1905
- Snyder v. County of MonroeNew York Supreme Court · 1956
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