Brown v. Hyman
New York County Courts
Action by D. Henry Brown and another against Henry Hyman. Judgment was rendered in favor of plaintiff, and execution was issued thereon, and land sold under the execution. Defendant now moves to set aside the execution and the sale under it. Denied.
1Opinion of the CourtGabbetson, J.
I am of the opinion that both by reason and authority this motion should be denied. While the language of the statute now existing, which provides for the docketing of a justice’s judgment in the office of the county clerk, and the effect thereof, differs in phraseology from that heretofore contained in the Bevised Statutes and in the Code of Procedure, yet it is in substance the same, and will admit of the same general interpretation and construction. It was intended to be but a codification and re-enactment of the then existing provisions of the Code of Procedure. See reviser’s note to…
2Cases cited6 opinions
- Dieffenbach v. . RochNew York Court of Appeals · 1889
- Waltermire v. . WestoverNew York Court of Appeals · 1856
- Townsend v. TolhurstNew York Supreme Court · 1890
- Herrman v. StalpNew York Court of Common Pleas · 1889
- Bolt v. HauserNew York Supreme Court · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Agar v. CurtissAppellate Division of the Supreme Court of the State of New York · 1896