Brotherson v. Consalus
New York Supreme Court
This action was in the nature of a scire facias, calling on the defendant to show cause why execution should not issue on three judgments recovered against the defendant, of which the plaintiff became the assignee. Two of the judgments were for costs recovered against the defendant in actions brought by him against A. L. Linn, in which he was a defeated plaintiff. It is unnecessary to notice the third judgment, as all claim on it was withdrawn by the plaintiff on the trial.
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This action was in the nature of a scire facias, calling on the defendant to show cause why execution should not issue on three judgments recovered against the defendant, of which the plaintiff became the assignee. Two of the judgments were for costs recovered against the defendant in actions brought by him against A. L. Linn, in which he was a defeated plaintiff. It is unnecessary to notice the third judgment, as all claim on it was withdrawn by the plaintiff on the trial. The defendant interposed three defences: First, payment ; second, statute of limitations; and third, that the plaintiff…
1Opinion of the Court
Bockes, Justice.
This action is brought for the purpose of enforcing three judgments against the defendant, of which the plaintiff is the assignee. A motion was first made at special term for liberty to issue executions, but various matters of defence were interposed, and the motion was denied, with liberty to bring an action.
At the trial the plaintiff abandoned all claim under the third judgment specified in the complaint, and by permission of the court withdrew it from the cause. The cause therefore stands on the two judgments entered February 3d, 1853 ; one for $599.65, the other for…
2Cases cited14 opinions
- Seth v. CramerCourt for the Trial of Impeachments and Correction of Errors · 1825
- Ford v. . HarringtonNew York Court of Appeals · 1857
- Seymour v. DelancyNew York Supreme Court · 1824
- Howell v. RansomNew York Court of Chancery · 1845
- Evans v. EllisCourt for the Trial of Impeachments and Correction of Errors · 1846
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3Cited by8 opinions
- Garinger v. PalmerCourt of Appeals for the Sixth Circuit · 1904
- In re the Judicial Settlement of the Account of FitzsimonsAppellate Division of the Supreme Court of the State of New York · 1902
- Tilden v. AitkinAppellate Division of the Supreme Court of the State of New York · 1899
- Fowler v. CallanNew York Court of Common Pleas · 1884
- Reilly v. FriasNew York Supreme Court · 1914
3 more not listed; retrieve them via the Exa API.