Hill v. . Haynes
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court in the sixth judicial district, entered upon an order denying motion on the part of plaintiff for a new trial and directing judgment in favor of defendants upon a verdict. This was an action for an alleged assault and battery.
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Appeal from, judgment of the General Term of the Supreme Court in the sixth judicial district, entered upon an order denying motion on the part of plaintiff for a new trial and directing judgment in favor of defendants upon a verdict. This was an action for an alleged assault and battery. On the 23d day of October, 1862, a judgment in favor of Thomas White against A. Smith Pierce, for §36.48, was docketed in the office of the clerk of Cortland county, upon filing a transcript of a judgment of William Andrews, a justice of the peace. On the 12th day of June, 1865, an execution was issued upon…
1Opinion of the Court
Johnson, C.
Upon the face of the execution of White v. Pierce, there was nothing to inform the sheriff that it was actually issued on a transcript of a justice’s judgment. The execution recited a recovery by the judgment of the County Court of Cortland county, that the judgment was docketed in that county on a specified day, and, also, that the judgment roll was filed there with the clerk of the county. The additional phrase, “ a transcript of the judgment was filed in the county of Cortland,” would naturally pass for accidental or careless surplusage. It would not inform the sheriff of the…
2Cases cited7 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Earl v. Camp & StoneNew York Supreme Court · 1837
- Dominick v. EackerNew York Supreme Court · 1848
- Dunlap v. HuntingNew York Supreme Court · 1846
- Jackson ex dem. Hunter v. PageNew York Supreme Court · 1830
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Wright v. . NostrandNew York Court of Appeals · 1883
- Arce v. Sybron Corp.Appellate Division of the Supreme Court of the State of New York · 1981
- Rutherford v. DavisIndiana Supreme Court · 1884
- Douglas v. . HaberstroNew York Court of Appeals · 1882
- Young v. StoneAppellate Division of the Supreme Court of the State of New York · 1898
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