Teel v. . Yost
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made the first Monday of December, 1889, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. The alleged judgment record shows that there was nothing offered to the Pennsylvania court as the basis of a judicial decision.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made the first Monday of December, 1889, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. The alleged judgment record shows that there was nothing offered to the Pennsylvania court as the basis of a judicial decision. It is in the nature of a inere memorandum by the clerk, and does not amount to a judgment. (Cromwell v. Bank of Pittsburg,…
1Opinion of the Court
Ruger, Ch. J.
This was an action upon a judgment, and the question involved is, whether the record in evidence constituted a valid judgment in another state by confession.
In the case of such a judgment it is, of course, unnecessary that any process should be issued or served, declaration filed, or personal appearance entered by the defendant, as these proceedings are totally inconsistent with the nature of a judgment by confession. The appearance by an attorney, under a written power from the party, authorizing his consent to a judgment, is the legal equivalent of the process and proceedings…
2Cases cited7 opinions
- Shumway v. StillmanNew York Supreme Court · 1831
- Gibbs v. . Queen Insurance Co.New York Court of Appeals · 1875
- Commonwealth ex rel. Black v. ConardSupreme Court of Pennsylvania · 1829
- Sheldon v. StrykerNew York Supreme Court · 1861
- Skeen v. PearceSupreme Court of Pennsylvania · 1821
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3Cited by48 opinions
- Cross v. United States Trust Co.New York Court of Appeals · 1892
- Atlas Credit Corp. v. EzrineNew York Court of Appeals · 1969
- American Mutual Life Insurance v. MasonIndiana Supreme Court · 1902
- Graybar Electric Co. v. New Amsterdam Casualty Co.New York Court of Appeals · 1944
- Van Norman v. GordonMassachusetts Supreme Judicial Court · 1899
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