Stephens v. Santee
New York Supreme Court
APPEAL by the plaintiff from a judgment of the county-court of Steuben county, rendered on appeal from a judgment of a justice of the peace, and from an order denying a motion for a new trial.
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APPEAL by the plaintiff from a judgment of the county-court of Steuben county, rendered on appeal from a judgment of a justice of the peace, and from an order denying a motion for a new trial. The action was brought for the conversion of a quantity of railroad ties; the plaintiff claiming title to such ties by virtue of a purchase from one Isaac Allison, who had bid off the same at a sheriff’s sale on an execution issued against the property of C. W. Daniels, who was claimed by the plaintiff to have- been the owner of the ties' at the time of such sheriff’s sale, in the spring of 1862. The…
1Opinion of the Court
By the Court, Johnson, J.
The referee found, from the evidence before him, that the judgment of the county court, upon which the execution was issued and the property in question sold, to the vendee of the appellant, was void, inasmuch as no judgment had ever been rendered in the justice’s court.
This presents a new question, of considerable importance, and deserves careful consideration. The Code (§ 63) provides that, “ a justice of the peace, on the demand of a party in whose favor he shall have rendered a judgment, shall give a transcript thereof, which may be filed and docketed in the…
2Cases cited4 opinions
- Noyes v. ButlerNew York Supreme Court · 1849
- Parker v. Schenck & RutherfordNew York Supreme Court · 1858
- Dickinson v. SmithNew York Supreme Court · 1857
- Seaman v. WardNew York Court of Common Pleas · 1856
3Cited by7 opinions
- Fish v. . EmersonNew York Court of Appeals · 1871
- Christopher v. Van LiewNew York Supreme Court · 1869
- Cooke v. MillardNew York Supreme Court · 1871
- Joy v. SchlossCity of New York Municipal Court · 1884
- Belgard v. McLaughlinNew York Supreme Court · 1887
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