People ex rel. Fry v. Judges of the Court of Common Pleas
6 Cow. 598 | N.Y. Sup. Ct. | 1827
The motion must be granted. By the statute, (sess. 47, ch. 238, s. 25, p. 291,) a judgment rendered upon attachment, without being contested, is but prima fa-cie evidence of a debt. It is impeachable in an action upon it. The court may as well set off a bond or note on motion.
Peremptory mandamus granted.