Kinsey v. Ford
New York Supreme Court
THIS was an action upon a judgment recovered by the plaintiff against the defendant, in the court of common pleas of Tioga county, in the state of Pennsylvania. The answer contained a general denial of the allegations of the complaint, alleged that there was no such record, and claimed a set-off. A reply was served, putting the cause at issue, on the 5th of October, 1859. The action was tried at the circuit, before the judge, without a jury.
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THIS was an action upon a judgment recovered by the plaintiff against the defendant, in the court of common pleas of Tioga county, in the state of Pennsylvania. The answer contained a general denial of the allegations of the complaint, alleged that there was no such record, and claimed a set-off. A reply was served, putting the cause at issue, on the 5th of October, 1859. The action was tried at the circuit, before the judge, without a jury. The judge found the following facts : That judgment was recovered by the plaintiff, against the defendant, in the court of common pleas of Tioga county,…
1Opinion of the Court
By the Court, Welles, J.
The only question in this case is whether the evidence of the vacatur of the judgment was admissible, under the pleadings. The vacatur was entered after the issue made by the pleadings, and upon which the parties went to trial, was joined. It is claimed on the part of the plaintiff that when the issue was joined there was a valid subsisting judgment, as stated in the complaint, which had not been reversed or vacated. That the defendant’s answer puts in issue the existence of such judgment, and upon that issue the cause was tried; and that the evidence of the vacating…
2Cited by3 opinions
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