New York Supreme Court, 1874

Ray v. Rowley

Ray v. Rowley
New York Supreme Court · Decided June 15, 1874 · Gilbert
4 Thomp. & Cook 43

Counsel

D. Millar, for appellant., Geo. Q. Greene, for respondents.

Ray v. Rowley

Opinion of the Court

Gilbert, J.

The judge, at special term, clearly erred in excluding the judgment offered in evidence. That judgment was recovered in the supreme court. Jurisdiction is presumed, and no *45proof is necessary. If it was irregular it could be set aside only on motion. It cannot be attacked collaterally, when offered in evidence in another suit.

The judgment must be reversed and a new trial granted, with costs to abide the event.

New trial granted.

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