The Chemung Canal Bank v. . Judson
New York Court of Appeals
This was an action of trespass brought to recover the sum of |6796-63 levied, upon moneys of the plaintiff, by virtue of an execution issuing from the district court of the United States, for the northern district of New York, upon a decree made by that court. The defendant justified the levy.
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This was an action of trespass brought to recover the sum of |6796-63 levied, upon moneys of the plaintiff, by virtue of an execution issuing from the district court of the United States, for the northern district of New York, upon a decree made by that court. The defendant justified the levy. The cause was tried at the Chemung Circuit in September 1848, before Mr. Justice Mason, without a jury, and a judgmentand rendered in favor of the plaintiff which upon appeal to the general term held in the sixth judicial district was affirmed. The defendant appealed to this court. The following facts…
1Opinion of the CourtRuggles, J.
The defendant justifies by virtue of a decree in his favor against the plaintiff obtained in the district court of the United States for the northern district of New York, and an execution thereon by which the money was taken.
On the part of the plaintiff it is insisted, that the decree of the district court of the United States was null and void for want of jurisdiction in that court to make it: and this is the question to be determined here.
The first ground taken against the validity of the decree of the district court, is', that the bankrupt act gives jurisdiction in such cases only to the…
2Cases cited9 opinions
- Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
- McCormick v. SullivantSupreme Court of the United States · 1825
- Ex Parte City BankSupreme Court of the United States · 1844
- Starbuck v. MurrayNew York Supreme Court · 1830
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3Cited by36 opinions
- Ferguson v. . CrawfordNew York Court of Appeals · 1877
- Risley v. . Phenix Bank of City of New YorkNew York Court of Appeals · 1881
- In Re the Probate of the Will of WalkerNew York Court of Appeals · 1892
- In re the Public AdministratorNew York Court of Appeals · 1955
- Craig v. . Town of AndesNew York Court of Appeals · 1883
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