Dickinson v. Smith
New York Supreme Court
THE action was ejectment for a piece of land situate in the town of Hornby, in the county of Steuben. The plaintiff derived title through a sheriff’s sale of the premises. On the 19th of-June, 1851, Morrow recovered a judgment for $93.38, damages and costs, before a justice of the peace of the above named town, against the defendant, and had a transcript of his judgment filed and docketed, in the county clerk’s office of said county, on the 25th of June, the same year.
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THE action was ejectment for a piece of land situate in the town of Hornby, in the county of Steuben. The plaintiff derived title through a sheriff’s sale of the premises. On the 19th of-June, 1851, Morrow recovered a judgment for $93.38, damages and costs, before a justice of the peace of the above named town, against the defendant, and had a transcript of his judgment filed and docketed, in the county clerk’s office of said county, on the 25th of June, the same year. On the 2d of September, 1852, an execution was issued to the sheriff of said county, upon said judgment, by the county clerk,…
1Opinion of the Court
By the Court, Johnson, P. J.
The certified copy of transcript, and docket, were properly received in evidence. It is not necessary that a transcript, from a justice, of a judgment rendered by him, should show the proceedings, to give jurisdiction to render a valid judgment, in order to authorize it to be filed and docketed. It is for that purpose prima, facie evidence that such justice had jurisdiction to render the judgment, (Hyde v. Jones, 9 Cowen, 182. Jackson v. Tuttle, Id. 233.) Nor is it necessary, in such a case, that the certificate of the county clerk should show that the signature of…
2Cases cited3 opinions
- Tuttle v. Jackson ex dem. HillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- Jackson ex dem' Klein v. GrahamNew York Supreme Court · 1805
- Jackson ex. dem. Masten v. BushNew York Supreme Court · 1813
3Cited by6 opinions
- Stephens v. SanteeNew York Supreme Court · 1868
- Sill Stove Works v. ScottAppellate Division of the Supreme Court of the State of New York · 1901
- Williamson Mill & Lumber Co. v. ValentineAppellate Division of the Supreme Court of the State of New York · 1923
- Agar v. TibbetsNew York Supreme Court · 1887
- Humphrey v. RisingAppellate Division of the Supreme Court of the State of New York · 1898
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