¶1Granted the motion, setting aside the sci.fa., and that plaintiff acknowledge satisfaction of the judgment with $10 costs; on the ground that the defendants paid all that they understood to be due, and within the time agreed upon, as appeared by their affidavits; and it seemed, that they paid all which was in fact due. It also appeared that the defendants were deceived, in giving a bond and warrant of attorney, instead of a cognovit, not knowing that the expenses would be increased by so doing.
2 How. Pr. 184
Holmes v. Van Sickle
Decided June 15, 1846
New York Supreme Court · decided 1846-06-15
Motion by. defendants to set aside writ of scire facias ; also that the plaintiff satisfy the judgment of record with costs. It appeared on the part of the defendants, that in September, 1843, a suit was commenced in favor of Holmes agt. the Yan Sickles (by filing a declaration), on a note of $50. dated Sept. 15, 1842 ; payable Sept. 1, 1843, with interest.
Decided 1846-06-15