Sharp v. Mayor of New York
New York Supreme Court
THIS was an appeal from an order made at a special term, vacating a judgment recovered by the plaintiff, Sharp, against the defendants, the mayor, aldermen and commonalty of the city of New York, for $41,425.88. The application was made by Robert T. Haws, comptroller of the city, in behalf of the corporation, under the 5th section of the act of April 19, 1859, “to enable the supervisors of the city and county of New York to raise money by tax,” and was founded upon an…
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THIS was an appeal from an order made at a special term, vacating a judgment recovered by the plaintiff, Sharp, against the defendants, the mayor, aldermen and commonalty of the city of New York, for $41,425.88. The application was made by Robert T. Haws, comptroller of the city, in behalf of the corporation, under the 5th section of the act of April 19, 1859, “to enable the supervisors of the city and county of New York to raise money by tax,” and was founded upon an affidavit made by him (among other papers) in which he stated, that he had been comptroller of the city of New York since the…
1Opinion of the Court
By the Court, Mullin, J.
This court has power to relieve a party to an action pending in it from a judgment or order obtained against him by reason of the negligence, ignorance, or fraud of his attorney. The rule formerly was, that the party injured by the neglect or misconduct of his attorney was compelled to resort for relief to an action against the attorney, *585unless it was shown that the attorney was insolvent, in which event the court could relieve. The remedy by action was a mere illusion, even against a solvent attorney, and hence the recent and, in my opinion, the more just practice is…
2Cited by17 opinions
- Goodwin v. SwensonDistrict Court, W.D. Missouri · 1968
- Welch v. ChallenSupreme Court of Kansas · 1884
- Searles v. ChristensenSouth Dakota Supreme Court · 1894
- Elmore v. . SandsNew York Court of Appeals · 1874
- Gideon v. DwyerNew York Supreme Court · 1896
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