Vail v. Smith
New York Supreme Court
Debt, on a judgment of the Albany Common Pleas. The declaration set forth a judgment of the Court of Common Pleas, in favor of the plaintiff, against the defendant, as of the 3d Tuesday of October, 1813, proutpatet per re- cordum, &c. Plea, nul tiel record.
1Opinion of the Court
[Woodworth, J.
I believe we have always considered an .exemplification sufficient.](a)
„ Hamilton. There is a variance. The declaration sets forth a judgment of October term, 1813. This record is continued to October term, 1814.
Payn, in reply. The variance evidently arises from a mere mistake of the attorney in making up the record. He has inadvertently drawn the placita as of the term at which judgment was rendered, instead of the term at which= the writ was returnable; and the continuance being to October next, produces the variance. The declaration is of. the term at which judgment was…
2Cases cited2 opinions
- Ladd v. BluntMassachusetts Supreme Judicial Court · 1808
- Brooks v. BemissNew York Supreme Court · 1811
3Cited by2 opinions
- United States v. McKeeU.S. Circuit Court for the District of Eastern Missouri · 1876
- Barlow v. MarroneSupreme Court of New Jersey · 1915