Brown v. Burdick

New York Supreme Court

Brown v. Burdick

18 Wend. 269

DecidedJune 15, 1835

StatusPublished

This text of 18 Wend. 269 (Brown v. Burdick) 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

Brown v. Burdick, 18 Wend. 269 (N.Y. Super. Ct. 1835).

Pincite

Opinion

The defendant moved to set aside an execution, on the ground of its payment before execution issued, and produced a receipt in full, given by the plaintiff, who alleged that the receipt had been obtained by fraud. The court were at first inclined to disregard on this motion the plaintiff’s allegations, but, after consideration, directed the motion to lie over until the next special term, so that a cross-motion might be made by the plaintiff for leave to proceed on the execution, the defendant having liberty to answer. The costs of the present motion to abide the event of the plaintiff’s motion.

Free access — add to your briefcase to read the full text and ask questions with AI

The defendant moved to set aside an execution, on the ground of its payment before execution issued, and produced a receipt in full, given by the plaintiff, who alleged that the receipt had been obtained by fraud. The court were at first inclined to disregard on this motion the plaintiff’s allegations, but, after consideration, directed the motion to lie over until the next special term, so that a cross-motion might be made by the plaintiff for leave to proceed on the execution, the defendant having liberty to answer. The costs of the present motion to abide the event of the plaintiff’s motion.

Cite This Page — Counsel Stack

Bluebook (online)

18 Wend. 269, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-burdick-nysupct-1835.