Brush v. . Lee
New York Court of Appeals
In March, 1860, one. Edmonds moved a. judgment in a district court of the city of New York, for about eighty dollars, against the Plaintiff’s testator, for which an appeal was taken, but not the requisite steps to stay execution.
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In March, 1860, one. Edmonds moved a. judgment in a district court of the city of New York, for about eighty dollars, against the Plaintiff’s testator, for which an appeal was taken, but not the requisite steps to stay execution. A transcript of the judgment was docketed with the Clerk of the Court of Common Pleas, and an execution issued by A. B. Clark, .an attorney for that court, to whom the judgment had. been assigned by Edmonds to the sheriff of the city .^nd county of New York, where the testator then resided, and where he had ample personal and real property to satisfy the same.…
1Opinion of the CourtGrover, J.
The Special Term erred in holding as a eonclulion of law, that the execution should have been issued by the llerk, and not the party or his attorney. See. 68 of the Code, Imong other things, provides that section 55 to 64, both inclusive, Ihall apply to the Justices’ Courts of the cities, with the following Imong other exceptions: And except also that in the city and Bounty of Hew York a judgment of twenty-five dollars, or over, exclusive of costs, the transcript whereof is docketed in ■he office of the clerk of that county, shall have the same effect as a lien,- and be enforced in the same…
2Cited by2 opinions
- Patterson v. . RobinsonNew York Court of Appeals · 1889
- In re ShayAppellate Division of the Supreme Court of the State of New York · 1909