Palmer v. Palmer
New York Supreme Court
Motion to set aside a judgment entered against an executor for costs ; leave for the entry of such judgment not having been previously obtained.
1Opinion of the Court
By the Court,
Sutherland, J.
This is a motion to set aside the judgment for costs entered in thisx case against the plaintiff. The plaintiff sued as executor, and a verdict was rendered for the defendant; upon which, in August, 1S29, he entered up judgment for costs.
The only difficulty in the case arises from the fact stated in the affidavit of the defendant’s counsel, that (he declaration contains not only a count upon the note given to the testator, but also the money counts, staling the indebtedness to the plaint iffin bis own right. Independently of this circumstance, it would have been a…
2Cited by1 opinion
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