¶1Held, that defendant having moved first opportunity, he was entitled to relief.
¶2Decision.—Judgment execution and subsequent proceedings set aside on payment of costs of opposing motion, with leave to plaintiffs to discontinue without costs.
1 How. Pr. 99
Hall v. Gordon
Decided February 15, 1845
New York Supreme Court · decided 1845-02-15
Motion by defendant to set aside the execution issued in this cause, and for a perpetual stay of execution therein.—This was an action on a justice’s judgment, (which action was assumpsit for goods, wares and merchandise,) and a promissory note; commenced in August, 1844. Judgment obtained against defendant by default, December 2, 1844. The defendant was declared a bankrupt 23d December, 1842, on his own petition.
Decided 1845-02-15