TaiLexi AI U.S. Case Law

Wintringham v. Wintringham

Wintringham against Wintringham

Wintringham v. Wintringham, 20 Johns. 296 (N.Y. Sup. Ct. 1822)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
New York Supreme Court · State Trial Courts
Decided
October 15, 1822
Citations
20 Johns. 296
Headnotes
The Coujt will not set aside a judgment entered up on a bond and warrantof attorney, or stay execution thereon, on the -ground of fraud, at the instance of a creditor at large,or whose debt has not been legally ascertained by judgment.
Summary
OAKLEY, in behalf of a creditor, moved to set aside the judgment which had been entered up in this cause, on a bond and warrant of attorney, on the ground of fraud.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

The application here is in behalf of a creditor at large, not a judgment creditor. In Frazier v. Frazier, according to our recollection, the motion was in behalf of a judgment creditor. The case of Wiggins v. Armstrong, is analogous ; and the Chancellor, after examining all the cases, refused to grant the party relief, until he had completed his title at law, by judgment and execution. The power exercised by this Court, in staying executions and setting aside judgments, on the ground of fraud, is an equitable power; and if a Court of Chancery will not grant relief, except in favour of a judgment creditor, a fortiori, a Court of law cannot.

Motion denied. (b)

Vide Hendricks v. Robinson, ( 2 Johns. Ch. Rep. 283 .) Brinkerhoff v. Brown, Williams v. Brown, and M‘Dermutt v. Strong, ( 4 Johns. Ch. Rep. 671 . 682. 687.) Spader v. Davis, ( 5 Johns. Ch. Rep. 280 .) Brinkerhoff v. Marvin, (Id. 320.)

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1837–1838: 11857–1858: 11859–1860: 11883–1884: 11893–1894: 118372026peak 1837 · 1

Relies on it most ⓘ

  1. Crim v. Walker79 Mo. 335 (1883)
  2. Morrill v. Wallace9 N.H. 111 (1837)
  3. Beekman v. Kirk15 How. Pr. 228 (N.Y. Sup. Ct. 1857)
  4. Brooks v. Stone11 Abb. Pr. 220 (N.Y. Sup. Ct. 1860)
  5. Burtis v. Dickinson30 N.Y.S. 886 (N.Y. Sup. Ct. 1894)

Most recent

  1. Burtis v. Dickinson30 N.Y.S. 886 (N.Y. Sup. Ct. 1894)
  2. Crim v. Walker79 Mo. 335 (1883)
  3. Brooks v. Stone11 Abb. Pr. 220 (N.Y. Sup. Ct. 1860)
  4. Beekman v. Kirk15 How. Pr. 228 (N.Y. Sup. Ct. 1857)
  5. Morrill v. Wallace9 N.H. 111 (1837)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Hendricks v. Robinson, 2 Johns. Ch. 283 (1817) 54
Brinkerhoff v. Brown, 4 Johns. Ch. 671 (1820) 44
Spader v. Davis, 5 Johns. Ch. 280 (1821) 12

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list