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2 Abb. Pr. 418

Saunders v. Hall

New York Court of Common Pleas

Decided February 15, 1856

New York Court of Common Pleas · decided 1856-02-15

Motion to vacate a judgment for irregularity. The plaintiff in this action commenced proceedings supplementary to execution, based upon the usual affidavit showing the recovery of judgment by him against the defendant in the New York Marine Court, for $162 41, the filing of a transcript, the issue of execution and the return of the same unsatisfied. As an answer to the proceedings, the defendant moved to vacate the judgment for irregularity.

Cited by 2 later decisions — most recently November 1911

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1856-02-15

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Ingeaham, F., J.

¶1I see nothing in the papers submitted to us on this appeal, warranting the court in reversing the order made by Judge Daly on the 19th of November. The supposed irregularities in the court below will not be reviewed or remedied by this court on supplementary proceedings. So long as *419the judgment remains undischarged in the court below, and the transcript is properly filed in this court, we treat the judgment as a valid judgment in this court, and proceedings taken upon it will be sustained. The defendant’s remedy is either by motion to the court below, or by appeal to this court upon the judgment. If he suffer that to remain in force, he cannot escape the consequences by an attempt to do collaterally what he should do directly.

¶2The order appealed from is affirmed, with ten dollars costs.

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