McKnight v. Dunlop
New York Supreme Court
Error to the mayor’s court of the city of Albany. Dunlop commenced an action of assumpsit against McKnight, in the court below. He declared on the general counts for goods sold and delivered, and on the money counts.
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Error to the mayor’s court of the city of Albany. Dunlop commenced an action of assumpsit against McKnight, in the court below. He declared on the general counts for goods sold and delivered, and on the money counts. McKnight pleaded the general issue, and annexed a notice t.o his plea, stating, that he would give in evidence, on the trial, the commencement of a suit in replevin in the detinet by him, against Dunlop, for 3250 bushels of malt; that Dunlop pleaded nondetinet; that the sheriff replevied 1370 bushels of malt; that a trial was had in such suit and a verdict rendered therein in…
1Opinion of the Court
By the Court, Paige, J.
The court below received in evidence a rule setting aside the judgment record filed in the replevin suit. This evidence was objected to by the defendant as incompetent evidence to disprove the existence of the judgment; the vacatur of the judgment not having been enrolled or entered of record. The objection to this evidence, I think, was well founded. The entry of a rule upon the minutes of a court cannot be received as evidence against a record. It is
*40as necessary to enrol and enter of record the vacatur of a judgment, as it is the rule for judgment. It must be so…
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- Reab v. McAlisterCourt for the Trial of Impeachments and Correction of Errors · 1831
- Lawrence v. HuntNew York Supreme Court · 1833
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3Cited by50 opinions
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- Smith v. . VelieNew York Court of Appeals · 1875
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