Stark v. Stark
New York Supreme Court
Motion by George R. Crouse and another, as attaching creditors of defendants, to set aside the judgment and execution herein, because the acceptance of defendants’ offer of judgment had not annexed thereto the affidavit of plaintiff’s attorney, that he was duly authorized to make it on behalf of the plaintiffs. Also motion by plaintiff for leave to amend mino pro tuno by now annexing such affidavit.
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Motion by George R. Crouse and another, as attaching creditors of defendants, to set aside the judgment and execution herein, because the acceptance of defendants’ offer of judgment had not annexed thereto the affidavit of plaintiff’s attorney, that he was duly authorized to make it on behalf of the plaintiffs. Also motion by plaintiff for leave to amend mino pro tuno by now annexing such affidavit. Judgment was entered in this action July 15, 1885, for $542.16, upon plaintiff’s acceptance of an offer of judgment made by defendants. Execution has been issued thereon and a levy made thereunder…
1Opinion of the CourtAngle, J.
An objection is made to the motion of the creditors, that they are strangers to the judgment and cannot be heard to question it for want of an affidavit showing authority to accept the offer of judgment. Their counsel claims such right under Bates agt. Plonsky (28 Hun, 112), in which it was held that where personal property has been levied on under an attachment, the attaching creditor may maintain an action to have a prior assignment executed by the debtor, and an execution issued upon a judgment confessed by him, declared fraudulent and void, and to have the priority of the lien acquired by…
2Cases cited5 opinions
- Mitchell v. . Van BurenNew York Court of Appeals · 1863
- Lawton v. KielNew York Supreme Court · 1868
- Fawcett v. . VaryNew York Court of Appeals · 1875
- Riggs v. . WaydellNew York Court of Appeals · 1879
- Catlin v. . BillingsNew York Court of Appeals · 1858