Bank of Middletown v. Huntington
New York Supreme Court
Appeal from a judgment. This was an action on a judgment recovered in Pennsylvania. On the trial of the cause the plaintiff's produced and proved a. Pennsylvania judgment-roll, and then rested their case. . The j udgment-roll showed that there was no personal service upon the defendants in Pennsylvania, but at one place in the margin appeared the words “D. W. Woods” against defendants’ names.
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Appeal from a judgment. This was an action on a judgment recovered in Pennsylvania. On the trial of the cause the plaintiff's produced and proved a. Pennsylvania judgment-roll, and then rested their case. . The j udgment-roll showed that there was no personal service upon the defendants in Pennsylvania, but at one place in the margin appeared the words “D. W. Woods” against defendants’ names. The judgment-roll recited, that on November 21,1855, arbitrators were appointed, “ there being no appearance for defendants.” On December 5,1855, they made their award against defendants; on December 22,…
1Opinion of the Court
By the Court.— Barnard, J.
—The judgment-roll shows that on the 8th day of April, 1856, Jonathan Robinson, one of the defendants, swore to an affidavit of defence, stating therein that defendants have a just defence to $33 of plaintiff’s claim ; and also shows that on the 9th of April, Mr. Woods pleads non assumpsit and payment; that a replication was filed, and the issue tried, and a verdict rendered for plaintiffs. The judgment-record also shows, that in the docket opposite the plaintiff’s *404name is the word “ Canda,” and opposite the defendants’ names the words “ D. W. Woods.”
The mode of…
2Cases cited1 opinion
- Scott v. IsraelSupreme Court of Pennsylvania · 1809