Barrie v. Dana
New York Supreme Court
J. A'. SPEJYCER moved to set aside the capias ad satisfaciendum in this cause, on the ground that the judgment-roll was not filed in the clerk’s office, at the time the ca. sa. was is-7 sued. It was admitted, that the rule for judgment was duly entered, and the judgment-roll regularly signed before the ca. sa. issued; but the record was not filed until afterwards, though before notice of the present motion.
1Opinion of the Court
Spencer, Ch. J.
It has been the established and invariable practice of this Court, for more than thirty years, to require the judgment-roll to be filed with the clerk, before issuing execution. It is, therefore, unnecessary to take notice of the practice of the English Courts. The motion to set aside the execution ought to be granted, on the defendant’s stipulating not to bring an action for false imprisonment.
Per totam Curiam.
Rule accordingly.
2Cited by7 opinions
- Wells v. StoutCalifornia Supreme Court · 1858
- Morris v. . PatchinNew York Court of Appeals · 1862
- Clute v. CluteNew York Supreme Court · 1847
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- Williams v. WheelerNew York Supreme Court · 1847
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