Klock v. Robinson
New York Supreme Court
This was an action of debt on judgment, tried at the Herkimer circuit in May, 1838, before the Hon. John Willard, one of the circuit judges.
Read the full summary
This was an action of debt on judgment, tried at the Herkimer circuit in May, 1838, before the Hon. John Willard, one of the circuit judges. The plaintiff declared on a judgment in his favor against the defendant, rendered in this court in the term of October, 1830, for $38,90, the costs of the defence of an action of assault, battery and false imprisonment, prosecuted against the now plaintiff by the now defendant, and in which action judgment, as in case of nonsuit, was rendered against the then plaintiff. To which declaration a plea of nul tiel record was interposed. On the trial of the…
1Opinion of the Court
By the Court,
Cowen, J.
The judgment was for the costs awarded to the defendant, (now the plaintiff,) in an action of assault and battery. The statute, R. L. of 1813, 506, ch. 203 § 50, repeated and enlarged in 2 R. S. 288, § 9, 2d ed., respects merely an endorsment of the di= *160rection to collect interest on an execution. Watson v. Fuller, 6 Johns. R. 283, denied that right in all cases,- except in an action for a penalty; but the legislature afterwards allowed it, first under judgments upon contract, and finally under a judgment upon a judgment; doubtless for the reason that the latter is, for…
2Cases cited3 opinions
- Gelston v. HoytCourt for the Trial of Impeachments and Correction of Errors · 1816
- Stafford v. MottNew York Court of Chancery · 1831
- Heydle v. HazlehurstCourt of Appeals of Kentucky · 1815
3Cited by18 opinions
- Gillespie v. . TorranceNew York Court of Appeals · 1862
- Kalloch v. ElwardSupreme Judicial Court of Maine · 1919
- Van Rensselaer v. JonesNew York Supreme Court · 1848
- Heffron v. RiceAppellate Court of Illinois · 1893
- Godbe v. YoungUtah Supreme Court · 1876
13 more not listed; retrieve them via the Exa API.