Hammond v. Harris

2 How. Pr. 114
CourtNew York Supreme Court
DecidedApril 15, 1846
StatusPublished

This text of 2 How. Pr. 114 (Hammond v. Harris) 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
Hammond v. Harris, 2 How. Pr. 114 (N.Y. Super. Ct. 1846).

Opinion

Beardsley, Justice.

The original debt was due from both the defendants to the deceased (Tuffs), and as an attorney appeared for them, and confessed judgment, that is regular. The judgment on scire facias is also regular. It is not suggested that the attorney who confessed the judgment is irresponsible, so that the parties can have no adequate remedy against him, if he acted without authority; nor are merits sworn to. It is not pretended that any defence could be made, if the parties were now let in to plead to the original action, or to the scire facias. Both judgments being regular and no defence sworn to, the motion must be denied with costs. Buie accordingly.

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Bluebook (online)
2 How. Pr. 114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hammond-v-harris-nysupct-1846.