Crookes v. Maxwell
District Court, S.D. New York
This was a motion by the plaintiff to set aside a judgment recovered in this suit on the 30th of September, 1S02, the suit having been commenced in July, 1S60, against the collector of the port of New York, to recover back moneys alleged to have been illegally exacted by him as duties upon various goods imported from England and Wales, into the port of New York.
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This was a motion by the plaintiff to set aside a judgment recovered in this suit on the 30th of September, 1S02, the suit having been commenced in July, 1S60, against the collector of the port of New York, to recover back moneys alleged to have been illegally exacted by him as duties upon various goods imported from England and Wales, into the port of New York. The judgment was for the sum of $4,9S9.0S damages and costs, and on the 21st of October, 1802, the amount thereof was paid. In April, 1863, another action was commenced in this court, by the plaintiff against the defendant [Crooke v.…
1Opinion of the Court
SMALLEY, District Judge.
The question arising in this case is whether the plaintiff is entitled to have the judgment in the suit commenced in 1860 opened, and to have the errors made in the assessment of damages therein corrected. The power of the court to open a judgment for the correction of such errors in the assessment of damages as are claimed to have been made in this case is not denied; and, if it were, it is too well established, both in the state and the federal courts, to require authorities to sustain it.
It is claimed that the plaintiff has been guilty of laches in presenting and…
2Cited by5 opinions
- Hatch v. . Central National BankNew York Court of Appeals · 1879
- Gay v. JoplinU.S. Circuit Court for the District of Eastern Missouri · 1882
- United States v. MillingerU.S. Circuit Court for the District of Southern New York · 1881
- United States v. MillingerU.S. Circuit Court for the District of Southern New York · 1880
- Gropp v. Great Atlantic & Pacific Tea Co.New York Supreme Court · 1913