Corey v. Cornelius
New York Court of Chancery
This was an appeal from a decision of the vice chancellor of the fourth circuit, refusing to dissolve the usual injunction upon a creditor’s bill, against P. Cornelius the judgment debtor.
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This was an appeal from a decision of the vice chancellor of the fourth circuit, refusing to dissolve the usual injunction upon a creditor’s bill, against P. Cornelius the judgment debtor. The bill was founded upon a judgment in the supreme court recovered in July term, 1842, for about $200; and upon three judgments obtained in justices’ courts upon proceedings on attachments, on which last mentioned judgments there remained due something more than $200, after applying thereon the proceeds of the sale of the property of Cornelius, which had been attached. The bill alleged that the judgment in…
1Opinion of the Court
The Chancellor.
Upon a careful examination of the answer in this case, I am satisfied the appellant did not intend to state positively that he was never served with process, or with a copy of the declaration in the suit in the supreme court. It is not necessary, therefore, to consider the question whether it is competent for the defendant, upon a creditor’s bill filed in this court, to question the validity of the judgment, or the right of the attorney to appear for him in the court at law. Upon principle, however, I think the remedy of the defendant, if any, is by an application to the…
2Cited by4 opinions
- Foscue v. LyonSupreme Court of Alabama · 1876
- Palmer v. ClarkNew York Court of Common Pleas · 1877
- Capital City Bank v. ParentNew York Supreme Court · 1890
- Clark v. DakinNew York Court of Chancery · 1846