Jenkins v. Pepoon
New York Supreme Court
Tma was an action of debt, on a judgment obtained in the circuit court of the United States, for the district of Massachusetts. The plea stated that the record of the judgment was removed into the supreme court of the United States, by writ of error; according to law, wherefore, the defendant prayed judgment, &c. To this plea there was a general demurrer and joinder.
1Opinion of the CourtKent, J.
The ancient authorities lay it down as law, that a writ of *error is no supersedeas to an action of debt, on a judgment. (Dy. 32, pi. 5. T. Raym. 100. , 2 Bae. Abr. 211, and the authorities there cited.) But it has since been otherwise determined, and seems now to be settled, that a writ of error pending may be pleaded in abatement, though it may not be pleaded in bar, to a suit on the judgment. (Carth. 1. 1 Lord Raym. 47. Skin. 590. 1 Lilly’s Entr. 11.)
The plea, however, in the present case, is, in several respects, bad. It does not conclude, either in abatement or in bar. A plea in…
2Cited by3 opinions
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- Shaw v. Butcher & HarrisNew York Supreme Court · 1838
- Wemple v. JohnsonNew York Supreme Court · 1835