Wheeler v. Dakin
New York Supreme Court
The pleadings in this action are as follows:— Ci The plaintiffs complain of the defendant, and allege, that heretofore, to wit, on the 3d day of December, 1855, the above named Philander Wheeler recovered a judgment in the supreme court of the state of New-York against the said defendant, in an action upon contract, for the sum of eleven hundred and thirty-four dollars and eighteen cents, damages and costs, which said judgment was duly docketed in the office of the clerk of…
Read the full summary
The pleadings in this action are as follows:— Ci The plaintiffs complain of the defendant, and allege, that heretofore, to wit, on the 3d day of December, 1855, the above named Philander Wheeler recovered a judgment in the supreme court of the state of New-York against the said defendant, in an action upon contract, for the sum of eleven hundred and thirty-four dollars and eighteen cents, damages and costs, which said judgment was duly docketed in the office of the clerk of the county of Dutchess, in said state, on the 3d day of December, 1855, in which action said Philander was plaintiff,…
1Opinion of the Court
Emott, Justice.
In Jay agt. Martine, (2 Duer, 654,) it was held by Bosworth; J., in the superior court, that an execution could not be ordered on a judgment on the application, by motion, of the representatives of a deceased plaintiff; and that §§ 283 and 284 of the Code are only applicable to judgments where all the parties .to which are living. This decision was followed and approved by Mitchell, J., at special term, in a case reported in 1 Abbott, 126. 'And in Cameron agt. Young, (6 How. Pr. R. 372,) it was held that the method of proceeding by writ of scire facias was abolished, and an…
2Cases cited3 opinions
- Beach v. KingNew York Supreme Court · 1837
- Barnes v. HarrisNew York Supreme Court · 1848
- Jay v. MartineThe Superior Court of New York City · 1853
3Cited by8 opinions
- Saxe v. PeckAppellate Division of the Supreme Court of the State of New York · 1910
- Freeman v. DutcherNew York Supreme Court · 1885
- Tuttle v. RobinsonNew York Supreme Court · 1895
- Willits v. WalterOregon Supreme Court · 1898
- Karns v. KunkleSupreme Court of Minnesota · 1858
3 more not listed; retrieve them via the Exa API.