Henderson v. Henderson
New York Supreme Court
This was an action of debt on a judgment recovered in the supreme court in the year 1823. Plea payment, and replication taking issue thereon. The cause was tried at the Hew-York circuit in January, 1848, before Justice Morse, without a jury.
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This was an action of debt on a judgment recovered in the supreme court in the year 1823. Plea payment, and replication taking issue thereon. The cause was tried at the Hew-York circuit in January, 1848, before Justice Morse, without a jury. The plaintiff read in evidence the record of the judgment sued on, and an execution issued upon said judgment, against the property of the defendants, tested May 17th, 1823, with an indorsement thereon, directing the levy of §3,388 of debt, with interest, and costs. Also a return by the sheriff, in these words: “ Made on the within execution, six hundred…
1Opinion of the Court
By the Court, Mitchell, J.
Judgment was obtained in May, 1823, in the supreme court, in favor of the plaintiff against Cairns and his co-defendant Henderson, who is impleaded with him, for $6776 debt and $14,20 costs. Execution was issued thereon in May, T823, and $613,56 levied by the sheriff, as appeared by his return, and paid to the plaintiff. The sheriff returned nulla bona as to the residue of the debt. An alias fi. fa. was issued on the 18th of July, 1840, under which the sheriff of Kings county levied on goods which were claimed by Mrs. Cairns, the wife of the defendant, and a…
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