Fellows v. Emperor
New York Supreme Court
This action "was brought to set aside a" deed executed by. the defendant Emperor to the defendant Owen Sheridan, on the 7th of August, 1848. The complaint, which was in the nature of a creditor’s bill, averred the recovery of two judgments against the defendant Emperor, one in favor of the plaintiffs for $98,62, damages and costs, on the 21st of" July, 1849, and the other in favor of one David Golden, for $65,71, on the 19th July, 1849; both of which were recovered before a…
Read the full summary
This action "was brought to set aside a" deed executed by. the defendant Emperor to the defendant Owen Sheridan, on the 7th of August, 1848. The complaint, which was in the nature of a creditor’s bill, averred the recovery of two judgments against the defendant Emperor, one in favor of the plaintiffs for $98,62, damages and costs, on the 21st of" July, 1849, and the other in favor of one David Golden, for $65,71, on the 19th July, 1849; both of which were recovered before a justice of the peace in Saratoga county, and transcripts filed in the clerk’s office of that county on the 21st July,…
1Opinion of the Court
By the Court, C. L. Allen, J.
It is objected on the part of the defendants, that this action having been commenced previous to the code of 1851, must be governed by the provisions of the code of 1849, and that 'this being a motion for a new trial on a case, the court will only inquire whether errors of fact have been committed. That the code of 1849 provides only in direct terms for a review by an appeal after the judgment is perfected, and that it would be unjust to the defendants to allow the plaintiffs on this motion to review the questions of law, inasmuch as a remedy is provided by…
2Cases cited8 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- People v. Superior CourtNew York Supreme Court · 1833
- Williams v. BaldwinNew York Supreme Court · 1821
- Frink v. GreenNew York Supreme Court · 1849
- Thomas v. AustinNew York Supreme Court · 1848
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Nininger v. KnoxSupreme Court of Minnesota · 1863
- Scoggin v. SchloathOregon Supreme Court · 1887