Wood v. Mitchell — 25 N.Y. St. Rep. 149

Majority

p. 149

Charles Wood, App’lt, v. William Mitchell, Resp’t.

Headnote

Appeal from an order denying the motion of the plaintiff, who is a judgment creditor of William Mitchell, to set aside a judgment entered upon the confession of the said William Mitchell against him in favor of Robert Parkinson.

James O. Bergen, for app’lts; Cornelius Doremus, for resp’t Parkinson; Barlow & Carman, for resp’t William Mitchell.

This case, in respect to the legal questions presented, differs from the one involving the confession of judgment in favor of Thomas G. Mitchell and others, decided at this term of court, only in this respect, that it does not involve the question of the infancy, and the failure to appoint a guardian ad litem for the infants before the entry of judgment by confession in their favor, and consequently the decision in it must follow the result of the other case.

The order appealed from should be affirmed, with ten dollars costs and disbursements.

Van Brunt, Ch. J., and Bartlett, J., concur.