Gilman v. . Tucker
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of ¡New York, made the first Monday of December, 1890, which affirmed an order of Special Term denying a motion by defendant for an order declaring the judgment obtained in the above-entitled action of no force and effect. The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Superior Court of the city of ¡New York, made the first Monday of December, 1890, which affirmed an order of Special Term denying a motion by defendant for an order declaring the judgment obtained in the above-entitled action of no force and effect. The facts, so far as material, are stated in the opinion. In all eases where a judgment is wholly or partially paid, or where, for any reason, it is void, and it would be unjust and inequitable to collect it, the proper remedy is, by motion in the court in which it was rendered, either to vacate or…
1Opinion of the Court
Ruger, Ch. J.
This appeal involves the construction and constitutionality of section 1440 of the Code of Civil Procedure, as amended by chapter 681 of the Laws of 1881, relating to the sale, redemption and conveyance of real property sold on execution.
The questions arise upon the affirmance, by the General Term, of an order of the Special Term denying the defend ant’s motion to set aside and vacate a judgment entered herein for the plaintiff. No claim was made, but that the judgment was regular and authorized by the evidence in the case, or that it had been paid or satisfied or that there was…
2Cases cited5 opinions
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Matter of Application of JacobsNew York Court of Appeals · 1885
- Embury v. . ConnerNew York Court of Appeals · 1850
- Cromwell v. . MacLeanNew York Court of Appeals · 1890
- Place v. . RileyNew York Court of Appeals · 1885
3Cited by67 opinions
- Caminetti v. Pac. Mut. Life Ins. Co. of Cal.California Supreme Court · 1943
- Langever v. MillerTexas Supreme Court · 1934
- Colon v. . LiskNew York Court of Appeals · 1897
- Livingston v. . LivingstonNew York Court of Appeals · 1903
- Riglander v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1904
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