Ray v. Rowley

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.