Agar v. Curtiss
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mary J. Ourtiss, from an order of the County Court of the county of Wyoming, entered in the office of the clerk of the county of Wyoming on the 13th day of January, 1896, granting leave to issue an execution upon a judgment. On the 3d day of January, 1888, Thomas Agar recovered a judgment in a Justice Court in the county of Wyoming against the defendant upon the confession of said defendant of judgment in the sum of $393.31 damages and costs.
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Appeal by the defendant, Mary J. Ourtiss, from an order of the County Court of the county of Wyoming, entered in the office of the clerk of the county of Wyoming on the 13th day of January, 1896, granting leave to issue an execution upon a judgment. On the 3d day of January, 1888, Thomas Agar recovered a judgment in a Justice Court in the county of Wyoming against the defendant upon the confession of said defendant of judgment in the sum of $393.31 damages and costs. On the 3d day of January, 1888, the plaintiff procured a transcript and caused the same to be filed in Wyoming county clerk’s…
1Opinion of the Court
Hardin, P. J.:
It was the duty of the justice of the peace to furnish a transcript of the judgment. (§ 3017, Code Civ. Proc.)
It was the duty of the county clerk of Wyoming county to file the same and docket the judgment “as of the time of the receipt of the transcript in the book kept by him for that purpose.” He performed that duty in pursuance of section 3017 of the Code of Civil Procedure as it existed January 3, 1888. That section then provided, viz.: “ Thenceforth the judgment is deemed a judgment of the County Court of that county and must be enforced accordingly.”
In 1891 section 3017 of…
2Cases cited7 opinions
- Dieffenbach v. . RochNew York Court of Appeals · 1889
- Waltermire v. . WestoverNew York Court of Appeals · 1856
- Townsend v. TolhurstNew York Supreme Court · 1890
- Herder v. CollyerNew York Court of Common Pleas · 1889
- Bolt v. HauserNew York Supreme Court · 1890
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3Cited by1 opinion
- Becker v. PorterAppellate Division of the Supreme Court of the State of New York · 1897