Anonymous

New York Supreme Court

Anonymous

4 How. Pr. 112

CourtNew York Supreme Court

DecidedMarch 15, 1849

StatusPublished

Cited by1 cases

This text of 4 How. Pr. 112 (Anonymous) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Anonymous, 4 How. Pr. 112 (N.Y. Super. Ct. 1849).

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Opinion

Willard, Justice,

held that, as between the plaintiff and defendant, the judgment was regular, and there being no affidavit of merits, it could not be disturbed. The return of the sheriff to the capias was matter of record, and could not be impeached in that collateral way, especially where there was no pretence of fraud or collusion. (See Evans v. Parker, 20 Wend. 622; Baker v. McDuffie, 23 Ib. 289; Mentz v. Hanman, 5 Whart. 150.) Motion denied, with $10 costs.

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Willard, Justice,

held that, as between the plaintiff and defendant, the judgment was regular, and there being no affidavit of merits, it could not be disturbed. The return of the sheriff to the capias was matter of record, and could not be impeached in that collateral way, especially where there was no pretence of fraud or collusion. (See Evans v. Parker, 20 Wend. 622; Baker v. McDuffie, 23 Ib. 289; Mentz v. Hanman, 5 Whart. 150.) Motion denied, with $10 costs.

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Bluebook (online)

4 How. Pr. 112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anonymous-nysupct-1849.

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