Shaw v. . Dwight
New York Court of Appeals
Appeal from the Supreme Court, where judgment had been given directing the cancellation of certain judgments, after the trial of an issue in respect to their having been paid. The • plaintiff and the defendant in such j udgments were both defendants in this action. The appeal was by the plaintiff in those judgments. The facts are sufficiently stated in the following opinions.
1Opinion of the Court
Denio, Ch. J.
The plaintiff, a judgment creditor of the defendant St. John, commenced this action to obtain a judgment of the Supreme Court for the setting aside and cancellation of two prior judgments which St. John had confessed in favor of the defendant Dwight, on the ground .that they had been paid, but were kept on foot by Dwight, who threatened to sell the land of St. John thereon. The judge before whom the case was tried found the fact of such payment, and judgment was given directing their cancellation. This judgment is claimed to be erroneous, because, as it is argued, a suit will not…
2Cases cited7 opinions
- McElwain v. WillisCourt for the Trial of Impeachments and Correction of Errors · 1832
- Hendricks v. RobinsonNew York Court of Chancery · 1817
- Scott v. . OnderdonkNew York Court of Appeals · 1856
- Brinkerhoff v. BrownNew York Court of Chancery · 1820
- Pettit v. ShepherdNew York Court of Chancery · 1835
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3Cited by16 opinions
- Adsit v. . ButlerNew York Court of Appeals · 1882
- Remington Paper Co. v. . O'DoughertyNew York Court of Appeals · 1880
- Fox v. . MoyerNew York Court of Appeals · 1873
- Geery v. . GeeryNew York Court of Appeals · 1875
- Gilbert v. StockmanWisconsin Supreme Court · 1892
11 more not listed; retrieve them via the Exa API.