Rowe v. Heiber
Appellate Division of the Supreme Court of the State of New York
Appeal from Delaware county court. Appeal by John O. Bowre and another from an order of the Delaware county court setting aside as against an execution in favor of the respondents, John C. Heiber and others, an execution issued in-favor of the appellants upon a judgment purporting to have been entered in favor of the appellants upon confession before a justice of the peace of said county, against Frederick E. Peckham, and docketed in said county upon a transcript thereof…
Read the full summary
Appeal from Delaware county court. Appeal by John O. Bowre and another from an order of the Delaware county court setting aside as against an execution in favor of the respondents, John C. Heiber and others, an execution issued in-favor of the appellants upon a judgment purporting to have been entered in favor of the appellants upon confession before a justice of the peace of said county, against Frederick E. Peckham, and docketed in said county upon a transcript thereof issued by said justice. The judgment by confession in favor of the appellants against Peckham was entered by the justice of…
1Opinion of the CourtLahbcxn, J.
The papers upon which the judgment by confession was entered are defective in substance and form. Subdivisions 2 and 3 of section 3011 of the Code provide:
“(2) The confession must be in writing, signed by the defendant, and filed with the justice.
“(3) If the judgment is confessed for a sum exceeding fifty dollars, the confession must be accompanied with the affidavit of the defendant and of the plaintiff, stating that the defendant is honestly and justly indebted to the plaintiff in the sum specified therein, over and above all just demands which the defendant has against the plaintiff; and…
2Cases cited4 opinions
- Chappel v. . ChappelNew York Court of Appeals · 1855
- Wood v. . MitchellNew York Court of Appeals · 1889
- Harrison v. . GibbonsNew York Court of Appeals · 1877
- Agar v. TibbettsNew York Supreme Court · 1890
3Cited by1 opinion
- Daniels v. SouthardAppellate Division of the Supreme Court of the State of New York · 1899