Van Ness

U.S. Court of Appeals for the Fourth Circuit
Van Ness, 1 How. Pr. 119 (4th Cir. 1845)
Beardsley

Van Ness

Opinion of the Court

Beardsley,, Justice.

The grounds on which the motion was made are fully met by the opposing affidavits, and disproved or explained so as to show that they are without any substantial foundation. The arrangement with Nichols was not performed on his part, and, therefore, has not canceled the judgment. As far as I see the judgment is in force for the amount directed to be made by the execution, and the motion must be denied with costs.

Rule accordingly.

Reference

Full Case Name
John Van Ness, Jr., Henry Nichols, Horace Bates and James May
Status
plaintiff states he called on said Nichols who was unable to show any evidence of any payments beyond the amount he (plaintiff) has stated. A copy of the execution issued on this judgment was produced