Rowe v. Peckham
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, John O. Rowe and another, from an order of the County Court of Delaware county, entered in the office of the clerk of the county of Delaware on the 7th day of June, 1897, setting aside, as against an execution in favor of the respondents, an execution issued in favor of the appellants upon a judgment purporting to have been entered in favor of the appellants, upon confession before a justice of the peace of said county, against Frederick E. Peckham,…
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Appeal by the plaintiffs, John O. Rowe and another, from an order of the County Court of Delaware county, entered in the office of the clerk of the county of Delaware on the 7th day of June, 1897, setting aside, as against an execution in favor of the respondents, an execution issued in favor of the appellants upon a judgment purporting to have been entered in favor of the appellants, upon confession before a justice of the peace of said county, against Frederick E. Peckham, and docketed in -said county,, upon a transcript -thereof issued by said justice. The judgment by confession in favor…
1Opinion of the Court
Landon, J.:
The papers upon which the judgment by confession was entered are defective in substance' and form. Subdivisions 2 and 3 of section 3011 of the Code provide: •
*176“ 2. The confession must be in writing,, signed by the defendant and filed with the justice.
“ 3, If the judgment is confessed for a sum exceeding fifty dollars the confession must be accompanied with the affidavit of the defendant and of the plaintiff, stating that the defendant is honestly and justly indebted to the plaintiff in the sum specified therein, over and above all just demands which the defendant has against the…
2Cases cited1 opinion
- Chappel v. . ChappelNew York Court of Appeals · 1855
3Cited by8 opinions
- Daniels v. SouthardAppellate Division of the Supreme Court of the State of New York · 1899
- Lowry v. Himmler, New York County Courts1930
- Burch v. BurchAppellate Division of the Supreme Court of the State of New York · 1907
- Johnson v. ManningAppellate Division of the Supreme Court of the State of New York · 1902
- Donovan v. Poulin, New York County Courts1950
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