Buckley v. Lyttle

Decided January 15, 1813

New York Supreme Court · decided 1813-01-15

A MOTION was made in this cause, in behalf of the defend- . ants, to set aside the execution, on an affidavit, stating that the judgment was obtained prior to the late declaration of war against Great Britain, that the plaintiff is an alien enemy, and resided at the time when the iudgment was obtained, and now resides in Co-v . r* _ , . nada, within the territory of Great Britain.

Cited by 1 later decisions — most recently November 1868

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1813-01-15

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Per Curiam.

¶1The case of Van Brynen and others v. Wilson (9 East, 321.) is in point, to show that the court will not interfere, in such a case, in this way. In that case, the plaintiffs, after verdict, became alien enemies, and the court of K. B. refused to stay the judgment and execution, on motion. They said “ that if the defendant had any remedy, by law, he might avail himself of it, if so advised, but that they would not interfere in the manner proposed, on such an occasion.” The motion must be denied.

¶2Motion denied, (a)

¶3 See Clarke v. Morey, ante, 69.