Miller v. . Earle
New York Court of Appeals
Appeal from the Supreme Court. The complaint stated a judgment by confession against James Heth, on the 23d of August, 1855, in favor of the defendants in this action, upon which execution was issued, and Heth’s property sold by the sheriff, and the proceeds of sale paid over to the defendants. That on the 8th of November, 1855, the plaintiffs recovered a judgment against Heth, and issued execution thereon, which was returned unsatisfied.
Read the full summary
Appeal from the Supreme Court. The complaint stated a judgment by confession against James Heth, on the 23d of August, 1855, in favor of the defendants in this action, upon which execution was issued, and Heth’s property sold by the sheriff, and the proceeds of sale paid over to the defendants. That on the 8th of November, 1855, the plaintiffs recovered a judgment against Heth, and issued execution thereon, which was returned unsatisfied. The complaint set out the confession of the judgment by Heth to the defendants, and claimed that it did not conform to the provisions of the Code, and that…
1Opinion of the Court
At the time of the sale of Heth's property, and the payment of the proceeds over to the defendants in this action, it does not appear that these plaintiffs were in a position to challenge or object to that sale and payment. If Heth chose to adopt this form of paying the defendants the amount he owed them, it is not perceived that any objection can be taken by these plaintiffs to such payment. Heth certainly would be estopped from alleging or setting up that the judgment was not valid, or, in other words, was not a judgment, and after he stood by and saw his property sold under an execution…
2Cited by18 opinions
- Coolbaugh v. RoemerSupreme Court of Minnesota · 1883
- Smith v. StateSupreme Court of Kansas · 1902
- Rogers v. CherrierWisconsin Supreme Court · 1889
- Schlanger & Sons v. Beaumont FactorsNew York Supreme Court · 1954
- Johnston v. A. L. Erlanger Realty Corp.New York Supreme Court · 1936
13 more not listed; retrieve them via the Exa API.