Waterman v. Haskin
New York Supreme Court
JUDGMENTS in each of the above causes were recovered in May term, 1811. The rolls were filed in the office of the clerk of the court, in the city of New-York, and the judgments docketed on the 10th of May, 1811. In the docket of the judgments, the one in favour of Waterman was first entered, and one other judgment was entered between that and the judgment in favour of Halstead.
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JUDGMENTS in each of the above causes were recovered in May term, 1811. The rolls were filed in the office of the clerk of the court, in the city of New-York, and the judgments docketed on the 10th of May, 1811. In the docket of the judgments, the one in favour of Waterman was first entered, and one other judgment was entered between that and the judgment in favour of Halstead. Where several judgment rolls are filed on the same day, the clerk makes no note or memorandum which of them ivas first filed; and all the rolls filed on the same day, are afterwards indiscriminately entered and…
1Opinion of the CourtPlatt, J.
By the second section of the “act concerning judgments and executions,’5 *230passed the 31st of March, 1801, a judgment lien attaches upon tancl from the time of filing the record of judgment.
By the third section of that act the clerk is directed to docket all judgments during the term, or within six days after the term of which such judgments are rendered; and no judgment, not docketed “ as aforesaid,” shall affect any lands or tenements as to purchasers,” &c.
In this case, both judgments were filed on the same day, and were docketed on the same day that they were filed.
The priority of docketing,…
2Cited by15 opinions
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- Smith v. LindIllinois Supreme Court · 1862
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