Bridenbecker v. Johnson
New York Supreme Court
Motion" .on behalf of the Bank of Central ¡New-York, a judgment creditor of the defendants, to set aside the judgments in the above actions, and for such other relief as the moving party may be entitled to. The judgment in favor of the Bank of Central ¡New-York, was perfected on the 6th of ¡February, 1858, against all the defendants, upon confession of judgment by all.
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Motion" .on behalf of the Bank of Central ¡New-York, a judgment creditor of the defendants, to set aside the judgments in the above actions, and for such other relief as the moving party may be entitled to. The judgment in favor of the Bank of Central ¡New-York, was perfected on the 6th of ¡February, 1858, against all the defendants, upon confession of judgment by all. The judgments in the above actions were perfected on the 22d day of January, 1858, on which day they were commenced, the one by the service of a summons, and the other by service of a summons and complaint, upon all the…
1Opinion of the Court
W. F. Allen, Justice.
The contest is between creditors of the late firm of D. Mason & Co., for priority in the collec.tionof the debts, and in this “race of legal diligence,” the parties must stand upon the legal rights which they have acquired by their vigilance. A mere irregularity in the prior judgments will not be available to the junior judgment debtor upon this motion. A want of conformity to some rule of practice, which does not go to the foundation of the judgments or the jurisdiction of the court, may be waived by the parties to the proceeding, and will be considered as waived if not…
2Cases cited2 opinions
- Binney v. LeGalNew York Supreme Court · 1855
- Nutt v. MinorSupreme Court of the United States · 1853
3Cited by5 opinions
- Pfister v. StummThe Superior Court of New York City · 1894
- People v. Hektograph Co.New York Supreme Court · 1882
- In re the Assignment of KaughranNew York Court of Common Pleas · 1886
- Bannerman v. QuackenbushNew York Court of Common Pleas · 1886
- Jacobstein v. AbramsNew York Supreme Court · 1886