Hendricks v. Carpenter — 25 N.Y. Super. Ct. 625

Majority

p. 625

Hendricks, plaintiff, vs. Carpenter, defendant.

Headnote

Where parties reside within the jurisdiction of the court, and more than two years have elapsed since the entry of judgment upon an inquest, and service of notice thereof upon the defendant, a motion to open the inquest and set aside the judgment will not be granted.

(Before McCunn, J. at special term,

January, 1864.)

Motion to open an inquest and set.aside a judgment.

S. Sanxay, for the motion.

John Pyne, opposed.

In this case a motion was made to open an inquest and set aside a judgment entered at a trial term. After a careful inspection of the entire case, and after examining the law, I find it is quite out of my power to grant the relief claimed. The action was fór a money demand on contract. The parties reside within the jurisdiction of the court, and are fully under its control. This being so, and more than two years having elapsed since the perfection, entry and service of notice of the judgment upon the defendant’s attorney, the 174th section of the. Code precludes all interference.

Other points were raised, in the’case, but as this is the principal and overshadowing one, I refrain from saying any thing in regard to the others. .

Motion denied, with ten dollars costs.