Reports of Cases Heard And Determined in the Appellate Division ..., volume 37

Cover Reports of Cases Heard And Determined in the Appellate Division ..., volume 37
Reports of Cases Heard And Determined in the Appellate Division ..., volume 37
New York (State). Supreme Court. Appellate Division, Marcus Tullius Hun, Jerome B. Fisher, Austin B. Griffin
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The respondent's mistake is just there. The judgment is not directly in issue. The importance of this consid- eration was adverted to in Jackson v. Jones (9 Cow. 182). It was there held that, where title to land was obtained upon a sale under execution on a justice's judgment, the transcript whereof had been tiled in the county clerk's office, it was not necessary in ejectment to show the facts which gave the justice jurisdiction. Upon this point Sutherland, J., said : " The judgments themselve...s are not directly in issue. The defendant is a stranger to them. They are drawn in question collaterally. They are, as hdioeen these parties^ to be con- sidered as judgments of the Common Pleas and as valid afid regu* la/r until impeached^ This rule was reaffirmed^in Jackson v. Tuttld Digitized by Googk PEOPLE EX REL. BATCHELOR v. BACON. 419 App. Div.] First Depautment. February Term, 1899.


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