Acker v. . Leland
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme-Court in the third judicial department, entered upon an order made January 21, 1886, which affirmed a judgment in favor of defendants entered upon a decision of the court and affirmed an order denying a motion for a new trial. The plaintiffs, being judgment-creditors of defendant Charles E. Leland, sought, in this action, to have an assignment made by said.
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Appeal from judgment of the General Term of the Supreme-Court in the third judicial department, entered upon an order made January 21, 1886, which affirmed a judgment in favor of defendants entered upon a decision of the court and affirmed an order denying a motion for a new trial. The plaintiffs, being judgment-creditors of defendant Charles E. Leland, sought, in this action, to have an assignment made by said. Leland to defendant Buchanan, as assignee for the benefit of his creditors, adjudged fraudulent and void. The grounds stated in their complaint were, in substance, that the assignment…
1Opinion of the CourtGray, J.
The appellants argue that they did not have such a trial of this action as they were by law entitled to, and they filéd exceptions to the findings of the trial judge upon which the judgment was entered, as having been made without jurisdiction.
Their appeal brings up for review the legality and regularity of the proceedings in this action, which resulted in the judgment appealed from. Of course, if the plaintiffs did not have that form of trial of the action which is secured to all suitors by the laws of this State, then there was no warrant in law for the entry of a judgment. Trial in the…
2Cases cited4 opinions
- Candee v. . LordNew York Court of Appeals · 1849
- Learned v. . TillotsonNew York Court of Appeals · 1884
- Powell v. . WaldronNew York Court of Appeals · 1882
- Hammond v. . MorganNew York Court of Appeals · 1886
3Cited by21 opinions
- Di Menna v. . Cooper Evans Co.New York Court of Appeals · 1917
- McClave v. . GibbNew York Court of Appeals · 1898
- Wintermute v. CarnerWashington Supreme Court · 1894
- MacNaughton v. . OsgoodNew York Court of Appeals · 1889
- Kelly v. Home Savings BankAppellate Division of the Supreme Court of the State of New York · 1905
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