1 Wend. 18
Decided May 15, 1828
New York Supreme Court · decided 1828-05-15
Motion to set aside an execution as paid. ■ The judgment was rendered in 1819. Sundry payments having been made by the defendant in cash and country produce, in February J . . , . . ._ , , , last an execution was issued by the plaintiff, on which a balance was claimed of less than $50.
Cited by 1 later decisions — most recently June 1851
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1828-05-15
View the full empirical analysis of this case →
¶1By the Court,
¶2The motion to set aside the execution is denied, but without costs, the evidence as to the payment being complex and contradictory. The court will not undertake to decide the question on the affidavits presented: nor will they award a feigned issue, the sum in controversy not justifying the expense.