Daniels v. Southard
Appellate Division of the Supreme Court of the State of New York
Appeal, by the plaintiff, Milo A. Daniels, from an order of the County Gourt of Rensselaer county, entered in the office of the clerk of the county of Rensselaer on the 29th day of March, 1898, setting aside as against the defendant Mrs. John C. Southard (whose proper name is Irene F. Southard) a judgment recovered by the plaintiff against the defendants before a justice of the peace, a transcript of which judgment was filed in the office of. the clerk of the county of…
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Appeal, by the plaintiff, Milo A. Daniels, from an order of the County Gourt of Rensselaer county, entered in the office of the clerk of the county of Rensselaer on the 29th day of March, 1898, setting aside as against the defendant Mrs. John C. Southard (whose proper name is Irene F. Southard) a judgment recovered by the plaintiff against the defendants before a justice of the peace, a transcript of which judgment was filed in the office of. the clerk of the county of Rensselaer, and directing the county clerk of Rensselaer county to cancel said- judgment and the docket thereof on the books…
1Opinion of the Court
Parker, P. J.:
In Rowe v. Peckham, (30 App. Div. 173) we held that the County Court had authority, even though no appeal had heen taken, to inquire into the jurisdiction of the justice to enter the judgment upon which the. transcript was based; and if it found that the-justice had no jurisdiction, it might lawfully vacate any execution issued out of that court upon a judgment entered upon such transcript, and enjoin all further proceedings thereon. We were not' then called upon to decide whether 'the transcript issued by the justice, and the -judgment docketed thereon, could also be. vacated…
2Cases cited2 opinions
- Dutton v. SmithAppellate Division of the Supreme Court of the State of New York · 1896
- Rowe v. PeckhamAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by7 opinions
- Quackenbush v. JohnstonAppellate Division of the Supreme Court of the State of New York · 1937
- Nilsson v. De HavenAppellate Division of the Supreme Court of the State of New York · 1900
- Moneyweight Scale Co. v. Price, New York County Courts1915
- National School of Visual Education v. BrownNew York Supreme Court · 1947
- Norell Holding Corp. v. PutterAppellate Division of the Supreme Court of the State of New York · 1945
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