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4 Thomp. & Cook 43

Ray v. Rowley

New York Supreme Court

Decided June 15, 1874

New York Supreme Court · decided 1874-06-15

The action was brought in Niagara county by Joseph M. Eay against Salmon B. Eowley and others, and was in the nature of a creditor’s bill. From 1868 to November 17,1871, Annie E. Smith was the owner of a lot in the city of Lockport.

Decided 1874-06-15

Gilbert, J.

¶1The judge, at special term, clearly erred in excluding the judgment offered in evidence. That judgment was recovered in the supreme court. Jurisdiction is presumed, and no *45proof is necessary. If it was irregular it could be set aside only on motion. It cannot be attacked collaterally, when offered in evidence in another suit.

¶2The judgment must be reversed and a new trial granted, with costs to abide the event.

¶3New trial granted.

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