Briefer v. Johnson — 66 N.Y.S. 477

Majority

p. 477

BRIEFER v. JOHNSON.

(City Court of New York,

General Term.

October 29, 1900.)

Headnote

Bankruptcy—Prior Judgment—Setting Aside—Costs.

Where, prior to the discharge of a bankrupt, judgment had been obtained against him, it was error, on granting his motion to set aside the judgment, to impose costs on him.

Appeal from special term.

Motion by Amund Johnson, a bankrupt, to have a judgment against him in favor of Julius Briefer set aside. From an order setting aside the judgment, with costs to the moving party, he appeals.

Reversed.

Argued before FITZSIMONS, C. J., and CONLAN, J.

p. 478

Kurzman & Frankenheimer, for appellant.

Charles F. G-. Wahle, for respondent.

The defendant was regularly discharged in bankruptcy. Prior to his discharge a judgment was obtained in this court against him. More than one year after such discharge was granted, he applied to have said judgment against him discharged. His motion should have been granted, without costs. It was error to grant this motion only upon the payment; it should have been granted unconditionally.

Order reversed, with $10 costs, and motion granted, without costs.

CONLAN, J., concurs.