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20 Johns. 296

Wintringham v. Wintringham

New York Supreme Court

Decided October 15, 1822

New York Supreme Court · decided 1822-10-15

OAKLEY, in behalf of a creditor, moved to set aside the judgment which had been entered up in this cause, on a bond and warrant of attorney, on the ground of fraud.

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Decided 1822-10-15

How this case has been cited

Cited by 3 later decisions — most recently November 1894

3 state decisions

1018221830184018501860187018801890decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1The application here is in behalf of a creditor at large, not a judgment creditor. In Frazier v. Frazier, according to our recollection, the motion was in behalf of a judgment creditor. The case of Wiggins v. Armstrong, is analogous ; and the Chancellor, after examining all the cases, refused to grant the party relief, until he had completed his title at law, by judgment and execution. The power exercised by this Court, in staying executions and setting aside judgments, on the ground of fraud, is an equitable power; and if a Court of Chancery will not grant relief, except in favour of a judgment creditor, a fortiori, a Court of law cannot.

¶2Motion denied.(b)

¶3Vide Hendricks v. Robinson, (2 Johns. Ch. Rep. 283.) Brinkerhoff v. Brown, Williams v. Brown, and M‘Dermutt v. Strong, (4 Johns. Ch. Rep. 671. 682. 687.) Spader v. Davis, (5 Johns. Ch. Rep. 280.) Brinkerhoff v. Marvin, (Id. 320.)

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