Fairbanks v. Wood
New York Supreme Court
Error form the Jefferson common pleas. Fairbanks, on the first day of January, 1836, commenced a suit in a justice’s court against Wood, and declared on a judgment obtained by him in another justice’s court against Wood, on the sixth day of October 1826, for $39'83. The defendant pleaded the general issue and the statute of limitations. The justice rendered judgment for the plaintiff.
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Error form the Jefferson common pleas. Fairbanks, on the first day of January, 1836, commenced a suit in a justice’s court against Wood, and declared on a judgment obtained by him in another justice’s court against Wood, on the sixth day of October 1826, for $39'83. The defendant pleaded the general issue and the statute of limitations. The justice rendered judgment for the plaintiff. The defendant appealed to the Jefferson common pleas, and on the trial in that court, after proof of the judgment, moved for a nonsuit, insisting, that by the revised statutes, a suit on a justice’s judgment,…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
An action of debt upon a justice’s judgment was considered not within the old statute of limitations, and therefore might be commenced at any time within twenty years after the rendition of the judgment (14 Johns. R. 479; 16 id. 233). By the revised statutes', it is enacted, that, “ all actions upon judgments rendered in any court not being a court of record,” shall be commenced within six years next after the cause of action accrued, and not after (2 R. S. 295, art. 2; § 18). Two questions arise here: 1. Do the revised statutes apply to this case; and 2. If they do…
2Cases cited1 opinion
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