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1 How. Pr. 19

Waring v. M'Intosh

New York Supreme Court

Decided October 15, 1844

New York Supreme Court · decided 1844-10-15

Motion to set aside or vacate fi. fa. issued in this cause as fraudulent and void against Charles Hallock, or that the writ of fieri facias of the said Charles Hallock, he entitled to priority, fyc.—Facts on the part of said Hallock: an alias fi. fa. was issued on the judgment in the above cause on or about the 3rd of September, 1844, and levied on personal property of defendant; the judgment record appears to be entered on a cognovit actionem signed by the defendant in…

Decided 1844-10-15

¶1Decision.—Ordered that it be referred to a referee to examine into the matters involved in said motion, and to report to this court forthwith the amount actually due upon the judgment in this cause. Costs of motion to abide the decision of the motion, upon the coming in of the report of the referee : in the mean time, proceedings on the executions in both causes to be stayed.

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