Legal Opinion

Stebbins v. East Society of Methodist Episcopal Church

New York Supreme Court

Decided March 15, 1856PublishedCited by 3 opinions

Present, Justices T. R. Strong, Welles and Smith. Motion to set aside judgment, and thirty-seven other judgments against same defendants, in favor of other plaintiffs.

1Opinion of the Court

By the court—E. Darwin Smith, Justice.

Before the passage of the Code, judgments were confessed by bond and warrant of attorney: judgment was entered up for the penalty of the bond, and execution issued for the amount specified in the condition thereof, with costs; or for so much thereof as the plaintiff claimed to be due. There was no restraint upon the confessions of judgments for such sums as the parties pleased, and judgments thus entered up could only be set aside on motion, or by bill in chancery for fraud in fact. Judgment by confession, under the old system, had become so common and…

2Cited by3 opinions

  1. Keyser v. ShuteArizona Supreme Court · 1892
  2. Steward v. KatcherAppellate Division of the Supreme Court of the State of New York · 1953
  3. Claflin v. SangerNew York Supreme Court · 1859

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