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8 Cow. 126

Ewen v. Terry

New York Supreme Court

Decided February 15, 1828

New York Supreme Court · decided 1828-02-15

The plaintiff had recovered a judgment in this court against the defendant; and the latter had recovered two judgments against the former before a justice of the peace. A motion was now made, in behalf of- the defendant, to off and deduct his judgments from the one obtained against him in this court; and that, on paying the balance, ° . ’ 1 e j a ' execution should be perpetually stayed.

Good law ✅— No negative treatment on recordhow we know

Decided 1828-02-15

How this case has been cited

Cited by 4 later decisions — most recently February 1933

4 state decisions

20182818301840185018601870188018901900191019201930decided

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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Curia.

¶1We have never gone farther in practice, than setting off judgments of other courts of record against our own; but the same principle will apply to judgments in a justice’s court. They are equally conclusive upon the defendant with the judgment of a court of common pleas, which is now a very usual subject of set-off.

¶2Motion granted.

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