Legal Opinion

Mosher v. Heydrich

New York Supreme Court

Decided September 15, 1865Published

Motion to set aside a judgment. The facts sufficiently appear in the opinion. ■

1Opinion of the CourtLott, J.

After a careful examination and consideration of the argument presented in the able and elaborate brief of. the counsel of the applicant, and urged on the hearing of the *259motion, I am unable to sustain him in any of the grounds on which he asks to set aside the judgment of Mosher for irregularity.

The first assigned is that the statement was not signed by the defendant. This objection is decided against him in the cases of Post v. Coleman (9 How. Pr., 64); and Purdy v. Upton (10 How. Pr., 494), and I see no reason for departing from those decisions. The case of Hathaway v. Scott (11 Paige,…

2Cases cited3 opinions

  1. Hathaway v. ScottNew York Court of Chancery · 1844
  2. Post & Baldwin v. ColemanNew York Supreme Court · 1853
  3. Purdy v. UptonNew York Supreme Court · 1855

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