Nims v. Sabine
New York Supreme Court
This cause having been duly called in its ordei upon the calendar, and a trial by jury having been duly waived by the respective parties ,in open court, and the court thereupon, without a jury, having proceeded to hear the proofs and allegations of the parties, and having duly considered the same, finds as matter of fact: That on the 31st day of Dec., 1828, William Smith, as receiver of the estate of William Waring, deceased, duly conveyed to Eben H. Sabine the premises…
Read the full summary
This cause having been duly called in its ordei upon the calendar, and a trial by jury having been duly waived by the respective parties ,in open court, and the court thereupon, without a jury, having proceeded to hear the proofs and allegations of the parties, and having duly considered the same, finds as matter of fact: That on the 31st day of Dec., 1828, William Smith, as receiver of the estate of William Waring, deceased, duly conveyed to Eben H. Sabine the premises described in the complaint, who afterwards entered into possession thereof, and on the 3d day of Dec., 1847, conveyed the…
1Opinion of the CourtHardin, J.
The defendant’s learned counsel is correct in assuming that after the lapse of a year from the death of the plaintiff in a judgment, the remedies presented by the Code for revival of judgment and for leave to issue execucution is by action and not by motion (Code, § 121; Jay agt. Martine, 2 Duer, 654; Wheeler agt. Dakin, 12 How., 537; Swift agt. Flanagan, 12 How., 438; Miller agt. Rossman, 15 How., 10; Bellinger agt. Ford, 21 Barb., 311).
In the last case it was held that the order was void as the party was dead, and had been for. over two years when the *255order was granted for leave to issue…
2Cases cited11 opinions
- Mowhawk Bank v. R. & P. AtwaterNew York Court of Chancery · 1830
- Livingston v. . TannerNew York Court of Appeals · 1856
- Torrey v. . TorreyNew York Court of Appeals · 1856
- United States Ex Rel. Crawford v. AddisonSupreme Court of the United States · 1860
- Bank of Genesee v. . SpencerNew York Court of Appeals · 1858
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Floyd v. ClarkNew York Court of Common Pleas · 1880