Cruse v. Fuller

This is a motion brought on at Special Term for an order directing J. Brayton Fuller, Oneida County Clerk, to forthwith cause an execution to be issued in an action in which Francis J. Cruse is plaintiff and Richard Pacelio is defendant.

Ihe facts are briefly these:

1. On March 4, 1932, Francis J. Cruse, petitioner, recovered judgment in a Justice’s Court, town of Russia, Herkimer county, New York.

2. On August 2, 1937, a transcript of the said judgment was duly filed and docketed in the office of the clerk of Herkimer county.

3. On June 23, 1942, a certified copy of the transcript of the…